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Patna High CourtCR. MISC./56373/2024dismissed

Rajeev Kumar @ Rajeev Raushan v. The State Of Bihar

2024-09-04Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56373 of 2024 Arising Out of PS. Case No.-689 Year-2023 Thana- BARH District- Patna ====================================================== Rajeev Kumar @ Rajeev Raushan, S/o Ramjee Paswan, R/o Mohalla Dayachak, Near Khadi Bhandar Dr. Arun Ke Pichhe , P.S.- Barh, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Vardhan, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Barh P.S. Case No. 689 of 2023, registered for the alleged offence under Sections 456, 380 & 411 of the Indian Penal Code.

3. From perusal of the FIR as well as rejection order of earlier anticipatory bail petition, it is very much evident that the petitioner was taken away by the police and the petitioner was further taken to the Sub-Divisional Hospital, Barh. In these circumstances, this anticipatory bail petition is not maintainable.

4. However, learned counsel for the petitioner submits that there is no formal arrest of the petitioner and nothing has

Patna High Court CR. MISC. No.56373 of 2024(2) dt.04-09-2024 2/2 come in the case diary about the arrest of the petitioner by the police or the petitioner absconding from the police custody.

5. Be that as it may, the anticipatory bail petition is not maintainable and, hence, the same is dismissed.

6. The Senior Superintendent of Police, Patna is directed to inquire into the matter in the light of the submission made on behalf of the petitioner and submit a report to this Court within four weeks.

(Arun Kumar Jha, J) V.K.Pandey/- U T