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Patna High CourtCR. MISC./27547/2025bail rejected

Prince Kumar @ Prince Kumar Verma v. The State Of Bihar

2025-05-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27547 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Prince Kumar @ Prince Kumar Verma S/o Manoj Kumar Verma @ Manoj Prasad Verma R/o vill - Birla Colony, P.s.- Phulwarisharif, Distt.- Patna, Presently Proprietor Mannat Jewellers, Naya Tola, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Rupaspur P.S. Case No. 477 of 2024, dated 27.07.2024, lodged under Sections 304(2) and 112(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against two unknown accused persons, alleging that they snatched a gold chain from the informant's wife while she was returning after dropping her son at school.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is not named in the FIR, his

Patna High Court CR. MISC. No.27547 of 2025(2) dt.07-05-2025 2/3 name has figured in this case solely by virtue of the confessional statement of a co-accused, who disclosed that they had sold the said gold chain to the petitioner's shop. Counsel further submits that although the criminal antecedent of the petitioner is not clean, as nine criminal cases are pending against him, his name has been inserted in the present case due to this reason as well. He further submits that the petitioner has enmity with the police, which is evident from Annexure-2, and it is for this reason that his name has been implicated in as many as nine criminal cases at the instance of Phulwarisharif Police Station.

Counsel further submits that nothing has been recovered from the petitioner's possession, neither Test Identification Parade (TIP) has been conducted for the petitioner, nor any gold chain has been recovered. Counsel also submits that the custodial interrogation of the petitioner may be required to recover the snatched chains/stolen articles, and on this ground the Trial Court rejected the petitioner's anticipatory bail application.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that the FIR has been lodged against unknown accused persons, but the person who has been apprehended in the said case has disclosed the petitioner's name. It is further submitted that the criminal

Patna High Court CR. MISC. No.27547 of 2025(2) dt.07-05-2025 3/3 antecedent of the petitioner is not clean.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J.) Aman Kumar/- U T