Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45892 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== RAJAN SINGH Son of Sudhir Singh Resident of village - Pidhauli, ward no. 11, P.S. - Teghra, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Ms.Asha Devi ====================================================== 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 Daudnagar Police Station Case No. 680 of 2022, dated 04.12.2022, disclosing offences punishable under Section 395 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 30.03.2023, when the informant opened his shop of Sudha products, he found cash worth Rs. 17,00018,000/- and some other articles missing from the shop and when he inspected the CCTV footage installed in his shop, he found that co-accused Rohit Kumar has committed theft in his shop at about 3 AM on 29.03.2023.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45892 of 2023(2) dt.04-08-2023 2/3 petitioner is not named in the First Information Report and his name transpired on the basis of confessional statement of co-accused Rohit Kumar, who disclosed that on the orders of the petitioner, he has committed theft in the shop of the informant.

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 was identified in the CCTV footage, who in his confessional statement, has disclosed the involvement of the petitioner in the alleged offence.

7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Additional Sessions Judge-I Begusarai, 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.

9. However, if the petitioner surrenders before the learned

Patna High Court CR. MISC. No.45892 of 2023(2) dt.04-08-2023 3/3 District Court and files an application for grant of regular bail, his application of regular bail shall be considered and disposed of on its own merit without being prejudiced by the rejection of the anticipatory bail application of the petitioner.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √