Babloo Kalaviya @ Bablu Kaloriya @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26192 of 2022 Arising Out of PS. Case No.-183 Year-2020 Thana- DELHA District- Gaya ====================================================== BABLOO KALAVIYA @ BABLU KALORIYA @ ROHIT KUMAR SON OF LAT KANHAIYA PRASAD R/O MOHALLA- DUBHAL NAILI, P.S.- MAGADH MEDICAL, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

Allegedly, the accused persons snatched the bag of the informant in which Rs.6,64,000/- was kept.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.26192 of 2022(2) dt.01-09-2022 2/3 has been falsely implicated in this case due to oblique reasons by the local police. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the F.I.R. and his name transpired in the present case on the confessional statement of the co-accused. No incriminating articles has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has been granted bail by a co-ordinate bench of this court vide order dated 08.12.2021 in Cr. Misc. No.3519 of 2021. Petitioner has two criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the offence is of committing loot and petitioner is said to be a member of the syndicate involved in such offence, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, petitioner is directed to surrender before the learned Court below within a period of six weeks from today and seek regular bail and the learned Court below would pass

Patna High Court CR. MISC. No.26192 of 2022(2) dt.01-09-2022 3/3 the order, preferably, on the same day, in accordance with law, considering the fact that one of the co-accused person has been granted bail.

This application is accordingly, dismissed.

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