Rohit Kumar @ Gandhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26795 of 2024 Arising Out of PS. Case No.-183 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Rohit Kumar @ Gandhi Son of Pappu Singh @ Snajiv Kumar Resident of Village- Dilawarpur (West), P.S.- Biddupur, Dist.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Bidupur P.S. Case No.183 of 2022, registered for the offence punishable u/s 392 of the IPC.

3.

As per the prosecution case, three miscreants intercepted the informant in his way and on the point of pistol, snatched cash of Rs.25960/-, mobile and 55 piece mobile phones, which the informant used to sell in his mobile shop, worth Rs.9,50,000/-.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. During investigation, one coaccused was apprehended by the police and he disclosed the

Patna High Court CR. MISC. No.26795 of 2024(2) dt.10-04-2024 2/2 name of the petitioner. No incriminating article has been recovered from the conscious physical possession of the petitioner and petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that the name of the petitioner has transpired in this case on the confessional statement of the co-accused and the Apex Court in the case of Indresh Kumar v/s The State of UP & Anr. In Criminal Appeal no.938 of 2022, has held that statements made under section 161 Cr.P.C. are relevant in considering the prima facie case against an accused in an application for grant of bail in the case of grave offence. It is further submitted that the anticipatory bail of a similarly situated co-accused was dismissed by this Court vide order dated 25.08.2023 passed in Cr. Misc. No.49640/2023. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T