Awinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61168 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Awinash Kumar S/o- Ramudgar Singh Village- Rupauli Khurd, W.No-2, PsBibhutipur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2025

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 Chapra Rail Police Station Case No. 151 of 2024, dated 09.05.2024, disclosing offences punishable under Section 379 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 25.05.2024, the informant, along with his wife, was going to Ahmadabad from Darbhanga by train and at 09:40 PM, when the train reached Chapra, the informant woke up, he found his mobile phone and purse of his wife, containing cash and articles worth Rs. 2,36,500/-, were stolen by some unknown thief.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61168 of 2025(2) dt.17-09-2025 2/3 petitioner is innocent and has falsely been implicated in this case by the police due to ulterior motive. 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 Ankush Kumar, who has disclosed that the petitioner had given him the stolen mobile 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 Ankush Kumar, in his confessional statement, has disclosed that the petitioner had given him the stolen mobile of the informant.

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

Patna High Court CR. MISC. No.61168 of 2025(2) dt.17-09-2025 3/3

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