Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33103 of 2023 Arising Out of PS. Case No.-175 Year-2019 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Raja Kumar, Son Of Devendra Ray, R/O Village- Khapura, P.S. Bidupur, District Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Industrial Area P.S. Case No.175 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code. The petitioner has got four criminal antecedents.
3. As per the prosecution story, when the informant was going to attend his duty from Hajipur to Patna, in the meantime, at about 5.20 am near Chaursiya chowk three unknown persons on the point of pistol looted away Rs.2,000/- cash, mobile, golden chain and ring etc. from the informant and fled away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33103 of 2023(2) dt.21-07-2023 2/2 petitioner has been falsely implicated in this case and his name has transpired in the confessional statement of the co-accused. Learned counsel submits that no incriminating article has been recovered from the possession of the petitioner and he has not been put on T.I.P.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the fact that the petitioner is said to be one amongst three persons who had looted the informant on the point of pistol, he has got four criminal antecedents of the year 2019 but till date he has not surrendered and obtained bail in those cases, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.
7. In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit.
8. This application is dismissed.
(Rajeev Ranjan Prasad, J) arvind/- U T