Vikash Kumar @ Vikash Kumar Rai @ Tonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.25979 of 2020 Arising Out of PS. Case No.-86 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== VIKASH KUMAR @ VIKASH KUMAR RAI @ TONU Son of - Jagarnath Rai Resident of Village- Naini (North Tola), P.S.- Chhapra Muffasil, DistrictSaran (Chhapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-10-2020 Learned counsel for the petitioner undertakes to remove the defects, if any, within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned A.P.P. for the State. Petitioner, in the present case, is seeking pre-arrest bail in connection with Chhapra Muffasil P.S. Case No.86/2018 registered for the offence under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R. but his name has transpired in the confessional statement of co-accused Rahul Kumar Singh @ Kallu. It is further submitted that co-accused

Patna High Court CR. MISC. No.25979 of 2020(2) dt.15-10-2020 2/3 Ajit Rai has been granted by this Hon'ble Court and co-accused Rahul Kumar Singh @ Kallu has also been granted bail. Learned A.P.P. for the State submits that the petitioner is moving this Court for anticipatory bail after two and half years of the alleged occurrence and as it appears from the impugned order co-accused Rahul Kumar Singh on whose confessional statement the name of the petitioner has transpired was arrested with an illegal arm and then he disclosed that he along with the petitioner had snatched the mobile and motorcycle of the informant on gun point. On the basis of his statement the looted mobile was also recovered. Having regard to the facts and circumstances of the case and the materials which are noticed from the order dated 28.09.2019 passed by learned Additional Sessions Judge - X, Saran at Chapra in ABP No. 2952/2019, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court.

Patna High Court CR. MISC. No.25979 of 2020(2) dt.15-10-2020 3/3 It is made clear that the observations of this Court hereinabove shall not be construed as granting any interim protection to the petitioner.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.