Rajesh Kumar @ Rajendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10758 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- KAMTAUL District- Darbhanga ====================================================== RAJESH KUMAR @ RAJENDRA PASWAN SON OF LATE YOGENDRA PASWAN RESIDENT OF VILLAGE- JAGWAN, P.S-BISFI(PATONA O.P), DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kamtaul P.S. Case No. 191/2020 instituted for the offences under Section 395 of the Indian Penal Code.

The informant who is the driver of a pick-up van has alleged in the First Information Report that the money which he was carrying, namely, an amount of Rs. Seven Lakhs was looted away by unknown eight young miscreants. On the basis of the conversation between those accused persons, the informant could gather the name of one Dipak

Patna High Court CR. MISC. No.10758 of 2021(2) dt.21-12-2021 2/3 Kumar Bhandari. On that lead, aforesaid Dipak Kumar Bhandari was arrested who disclosed the name of the petitioner. From the house of the petitioner, Rs. Seventy Thousand was recovered.

The learned counsel for the petitioner has submitted that at best the evidence against him is only the confession of an arrested accused person who had definite animus against him. In the past, the petitioner had given loan to aforesaid Dipak Bhandari but he was not returning the same. He has been named by Dipak Bhandari in his confessional statement because the petitioner had been demanding his money back.

With respect to the recovery of Rs. Seventy Thousand from his house, the learned counsel for the petitioner has submitted that at the time of recovery, there was no person available in his house and, therefore, there is no endorsement on the seizure list. Apart from this, it has been submitted that the recovered amount were of currency notes of small valuation. The petitioner has offered an explanation for the presence of such currency notes in his

Patna High Court CR. MISC. No.10758 of 2021(2) dt.21-12-2021 3/3 house. The aforesaid money was kept for casting roof of the house of the petitioner.

These explanations do not weigh with this Court for granting him anticipatory bail notwithstanding the fact that the name of the petitioner has transpired in the confession of an arrested accused person.

I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if he surrenders before the court below and seeks bail, all the grounds noted above shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T