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Patna High CourtCR. MISC./38408/2023bail rejected

Ravi Kumar @ Ravi Ranjan v. The State Of Bihar

2023-07-28Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38408 of 2023 Arising Out of PS. Case No.-403 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Ravi Kumar @ Ravi Ranjan S/O Dhurwendu Kumar R/O Village- Bengali Petrol Pump, Azad Nagar, Ward No. 09, P.S and Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. Let the defect(s), if any, as pointed out by the office, be removed within a period of four weeks from today.

03. In the present case, the petitioner is apprehending his arrest in connection with Madhepura P.S. Case No. 403 of 2021, registered on 19.05.2021, for the alleged offence under Sections 379 and 356 of the Indian Penal Code.

04. As per prosecution case, two bike borne unknown miscreants snatched a bag containing Rs. 49,000/-, Pan Card, Identity Card, certain receipts and other documents from the informant. The name of the petitioner transpired during investigation as one of the accused persons.

05. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38408 of 2023(2) dt.28-07-2023 2/3 petitioner is innocent and has been falsely implicated in this case. He has not involved in any manner in the present occurrence. The name of the petitioner came up in this case on the basis of confessional statement of co-accused Deoraj Kumar, who disclosed the name of the petitioner as his associate, who was also involved in the said crime. Learned counsel further submits that except for confessional statement, there is nothing against the petitioner. Due to previous criminal antecedent, the petitioner has been falsely implicated by the police in this case. The petitioner has no concern with the co-accused Deoraj Kumar, who named the petitioner in this case. Learned counsel further submits that the petitioner is having criminal antecedent of four cases, in which, he is on bail in three such cases.

06. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail. Learned A.P.P. further submits that the petitioner is having criminal antecedent of serious offences and even in this case there is allegation against him.

07. Having regard to the facts and circumstances and considering the nature of accusation, I do not think it is a fit case for grant of anticipatory bail. Hence, prayer for anticipatory bail of petitioner is hereby rejected.

08. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.38408 of 2023(2) dt.28-07-2023 3/3 learned lower court, the learned lower court shall consider the prayer for bail of the petitioner on its own merit, without being prejudiced by this order.

(Arun Kumar Jha, J) Ashish/- U T