Manni Kumar @ Mani Kumar @ Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45875 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- PANDARAK District- Patna ====================================================== MANNI KUMAR @ MANI KUMAR @ ROCKY KUMAR S/O AJAY YADAV R/O Village- Sahnaura, P.S- N.T.P.C, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pandarak Police Station Case No. 14 of 2023, dated 21.01.2023, disclosing offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that three unknown persons, on the point of pistol, looted the Hyva truck, bearing registration no. BR 21GB0207 and mobile phone of the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of the confessional statement of co-accused Mithun Kumar,

Patna High Court CR. MISC. No.45875 of 2023(2) dt.04-08-2023 2/2 from whose possession looted mobile phone was recovered.

5. I have heard learned counsel for the parties and have perused the material available on record, including the impugned order.

6. From perusal of the impugned order, it transpires that coaccused Mithun Kumar, in his confessional statement, has disclosed the involvement of the petitioner in the alleged offence and from the possession of co-accused Mithun Kumar, the looted mobile phone has been recovered.

7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Additional Sessions Judge-IV, Barh, Patna, inasmuch as the case is under investigation, wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of investigation. As such, I am not inclined to grant anticipatory bail to the petitioner.

8. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √