Rajesh Kumar Rajesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41351 of 2017 Arising Out of PS.Case No. -206 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Rajesh Kumar Rajesh, Son of Late Govind Prasad Singh, R/o Laluchak, Ishakchak, P.S.- Lodipur, Angari, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amarpur P.S. Case No. 206 of 2017 instituted for the offence under Sections 419, 420, 467 and 468 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that his name as described in the bail petition is Rajesh Kumar Rajesh, son of late Govind Prasad Singh, r/o Laluchak, Ishakchak, P.S. Lodipur, Angari, Distt. Bhagalpur, whereas the person who has been made an accused in the written report is Rajiv @ Baroon, son of Visheshwar Mandal, r/o village Rajanpur, P.S. Shahkund, Bhagalpur. It has further been submitted that in the written report Rajesh Kumar Rajesh and Rajiv @ Baroon is the one and same person and he is working as teacher in the name of Rajesh Kumar Rajesh. The Sessions Judge has dismissed the anticipatory bail

Patna High Court Cr.Misc. No.41351 of 2017 (3) dt.12-09-2017 2/2 application of the petitioner on the ground that one Rajeev Kumar @ Barun is named as an accused in the written report whereas there is no requisition issued against the petitioner Rajesh Kumar Rajesh and as such, the same is not maintainable.

This Court also finds that since the petitioner is a different person to that of named in the written report, he has no apprehension. This is a matter of investigation before the police. Therefore, prayer for anticipatory bail of the petitioner stands rejected.

The petitioner will appear before the Superintendent of Police, Banka, with all the documents, which will be looked into by the Officer concerned and he would pass appropriate order in the matter to the Investigating Officer.

(Sanjay Priya, J) S.Ali/- U T