Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43222 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- HATHUA District- Gopalganj ====================================================== Rohit Kumar S/O Awadhesh Baitha R/O Village- Manichapar (MANICHHAPER), Ps. Hathwa, Dist. Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023

1. Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants committed theft in the house of the informant and took away articles worth Rs. 70,000/- including cash, ornaments and utensils.

4. It has been submitted on behalf of the petitioner that petitioner is neither named in the F.I.R nor was apprehended on the spot. Name of the petitioner transpired only the basis of confessional statement of the co-accused and no incriminating material has been recovered from the possession of the

Patna High Court CR. MISC. No.43222 of 2023(3) dt.25-09-2023 2/2 petitioner.

5. Learned APP for the State has opposed and submitted that during course of investigation, two of the coaccused named this petitioner as their associate and this petitioner has got three criminal antecedents of similar nature.

6. Considering the nature of allegation and criminal antecedents of similar nature, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shishir/- U T