Prabhakar Kumar @ Prabhakar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43387 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- ROH District- Nawada ====================================================== Prabhakar Kumar @ Prabhakar Mahto Son Of Mahesh Mahto VillageBhandajor, P.S.- Roh, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar Verma, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Perused the case diary. 2.

The petitioner apprehends his arrest in connection with Roh P.S. Case No. 42 of 2024 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 69(B) & 66(D) of the I.T. Act.

3.

Prosecution case as emanated from the FIR is that on secret information received by the police party pertaining to giving job in turn of taking money, they reached Panchayat Bhawan. It is alleged that on seeing the police party accused persons tried to flee away but one of them has been arrested,

Patna High Court CR. MISC. No.43387 of 2024(3) dt.02-08-2024 2/3 namely, Rahul Kumar, who disclosed the names of his associates including the petitioner herein.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that noting has been recovered from the possession of the petitioner. It is submitted that due to previous enmity with Rahul Kumar, petitioner has been falsely implicated in the instant case.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner is named in the FIR and his involvement in this case has been confessed by apprehend coaccused, Rahul Kumar. He next submits that petitioner successfully fled from the place of the occurrence. Referring to paragraph No. 34 of the case diary, it is submitted that witnesses have supported the prosecution case.

6.

Considering the rival submissions made by the learned counsel for the parties and the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

7.

However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.43387 of 2024(3) dt.02-08-2024 3/3 court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T