Patna High CourtCR. MISC./39144/2023dismissed

Rama Kumar @ Rama Singh v. The State Of Bihar

2023-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39144 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rama Kumar @ Rama Singh S/O Gagan Singh R/O Village- Jokia, P.SBhagwanpur In The District Of Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per FIR, some unknown miscreants came inside the house of the informant armed with knife and pistol in their hands and looted Rs. 10 Lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the name of the petitioner has surfaced in this case on the confessional statement of co-accused. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposing the prayer

Patna High Court CR. MISC. No.39144 of 2023(2) dt.03-08-2023 2/2 for bail submits that the petitioner was also involved in the present case. He also relied upon the judgment of the Apex Court in the case of Indresh Kumar Vs. The State of UP & Anr. (Criminal Appeal No. 938 of 2022), whereby the Court has held that 'Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Begusarai Town P.S. Case No. 738 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T