Rakesh Kumar Mahto @ Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72231 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Rakesh Kumar Mahto @ Rajeev Ranjan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Heard both sides.

The petitioner apprehends his arrest in Kudhani P.S. case No. 104 of 2018 registered under Section 392 of the Indian Penal Code.

The driver of pick-up van bearing registration BR06GC-0552 alleged that unknown criminals surrounded him and his vehicle and after tying him in a tree the accused persons looted his vehicle and other articles and fled away. The learned counsel for the petitioner submits that there is absolutely no material in the present case to connect the petitioner nor to show his involvement in the present case. The pick up van of the informant was found loaded with country made liqour for which Baligaon P.S. case No. 12/2018 was registered. Arun Choudhary and Ram Naresh Ram were

Patna High Court Cr.Misc. No.72231 of 2018(3) dt.19-12-2018 2/2 apprehended and name of petitioner surfaced along with two others who managed to flee away. It is submitted that petitioner has already been enlarged on bail in Baligaon P.S. case No. 12 of 2018. Arun Choudhary and Ram Naresh Ram have were also granted regular bail. There is absolutely no material against the petitioner to show that petitioner robbed the vehicle and articles from the possession of informant of the present case but it appears that the informant made allegation that three unknown persons looted his vehicle. The vehicle was loaded with country made liquor and the same was recovered within the jurisdiction of Baligaon P.S. for which Baligaon P.S. case No.

12 of 2018 was registered and it transpired that petitioner was also carrying country made liquor but he managed to flee away from the place of occurrence. It is a case of robbery and the informant claimed to identify the persons who robbed the vehicle. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T