Ravi Kumar @ Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30950 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== RAVI KUMAR @ ADARSH KUMAR SON OF SURERNDRA PODDAR R/O VILLAGE- DHOLI BAZAR (SHAMBHUNATHPUR), P.S.- SAKRA, DISTRICT- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2022 Heard Mr. Bhavesh Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sakra P.S. Case No. 123 of 2020 instituted for the offence under Sections 356/379/34 of the Indian Penal Code. Though the petitioner has been named in the F.I.R. as one of the accused persons who snatched the mobile of the informant, but his name has been provided to the informant by local people from whom he had inquired about the identity of the mobile snatcher.

The learned counsel for the petitioner has submitted that, in the first instance, the accusation against the petitioner is false, as it is based on his name having been taken by

Patna High Court CR. MISC. No.30950 of 2021(2) dt.18-01-2022 2/3 bystanders.

Apart from this, it has been submitted that till date, the number of the mobile telephone or its IMEI number has not been disclosed to the police. This makes the entire accusation absolutely imaginary.

It has further been submitted that immediately after the present case was lodged, the petitioner was made accused in another case in which one Dharmendra Kumar was arrested with a fire arm weapon. On the basis of his confession, the petitioner was made accused in the aforesaid case namely Sakra P.S. Case No. 124 of 2020 instituted for the offence under the Arms Act.

In the aforesaid case, the prayer of anticipatory bail of the petitioner has been rejected by a Bench of this Court. Considering this aspect of the matter, this Court does not consider it necessary to enlarge the petitioner in the present case on anticipatory bail, as the petitioner otherwise would be required to surrender in Sakra P.S. Case No. 124 of 2020. For the reasons noted above, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the aforesaid grounds shall be taken into

Patna High Court CR. MISC. No.30950 of 2021(2) dt.18-01-2022 3/3 account by the court below and an order shall be passed without being prejudiced by the fact that the present anticipatory bail application on his behalf has not been entertained. The application stands dismissed.

(Ashutosh Kumar, J) mantreshwar/- U T