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Patna High CourtCR. MISC./42429/2025bail rejected

Ratnesh Kumar @ Mulla v. The State Of Bihar

2025-07-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42429 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ratnesh Kumar @ Mulla S/O Devendra Paswan Resident of Village- Badi Yusufpur, PS- Industrial Area, Hajipur, Distt-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sweety Sinha, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Hajipur (Sadar) P.S. Case No. 395 of 2024, lodged on 14.06.2024, under Sections 457/380 of the Indian Penal Code.

3. As per the prosecution, on 14.06.24 at night four unknown accused persons entered into the house of the informant and had stolen ornaments, one mobile phone and Rs.72,00/- from the house of the informant.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.42429 of 2025(2) dt.09-07-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that FIR has been lodged against unknown accused persons and name of the petitioner surfaced by virtue of confessional statement of co-accused. Counsel submits that save and except confessional statement of co-accused persons there is nothing against the petitioner. Counsel submits that name of the petitioner has come due to the reason that antecedent of the petitioner is not clean. There are three criminal cases pending against the petitioner, in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean and the accused persons from whose possession mobile phone has been recovered has disclosed the name of the petitioner.

6. Considering the criminal antecedents of the petitioner, the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on merit on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T