Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16718 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- KOTWALI District- Munger ====================================================== RAHUL KUMAR Son of Varun Prasad Yadav Resident of village - Shankarpur, P.S.- Munger Muffasil, District - Munger ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajnish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 356/379 of the Indian Penal Code.

3. It is alleged that the stolen mobile of the informant was being used after inserting SIM and the said SIM belongs to petitioner.

4. It is submitted that petitioner has no concern with the stolen mobile. Petitioner has purchased the mobile from a small shop at Gulzar Pokhar and he had no knowledge that the mobile was a stolen property. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail

Patna High Court CR. MISC. No.16718 of 2023(3) dt.25-07-2023 2/2 petition of the petitioner and submits that the name of the petitioner figured in para 43 of the case diary which is the CDR of the stolen mobile of the informant in which it was found that the mobile was being used after inserting SIM and the SIM was in the name of this petitioner. It is next submitted that he has also not brought any material on record to show that he is bonafide purchaser of the said mobile.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T