Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41002 of 2016 Arising Out of PS.Case No. -393 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Rahul Kumar, son of Ramanuj Singh resident of Village- Ohari,P.S. Nawada Town (Kadirganj O.P.) District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nawada Police Station Case No. 393 of 2016, disclosing offences under Sections 420/467/468/471 of the Indian Penal Code.

Allegedly, from a shop, certain forged and fabricated identity cards to be used for the purpose of issue of SIM cards were recovered by the Police in course of search of a shop. Co-accused Gaurav Kumar @ Krishna Kumar was arrested, who was found running the shop. He disclosed the name of the present petitioner, who used to keep forged and fabricated documents, identity cards and other materials in the shop.

Learned Counsel appearing on behalf of the petitioner has submitted that no offence is made out on the

Patna High Court Cr.Misc. No.41002 of 2016 (2) dt.26-09-2016 2/2 basis of what is there in the First Information Report so far as this petitioner is concerned. According to him, since his implication is based merely on the statement of his brother, the petitioner should be granted privilege of anticipatory bail.

I am not convinced with the submissions advanced on behalf of the petitioner considering the manner in which his name has cropped up on the basis of statement of the co-accused Gaurav Kumar.

Considering the nature of allegation, I am not inclined to grant the petitioner privilege of anticipatory bail. This application for anticipatory bail, is hereby, rejected.

The petitioner, Rahul Kumar, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √