Bitu Kumar @ Subham Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59517 of 2019 Arising Out of PS. Case No.-201 Year-2019 Thana- BUXAR (T) District- Buxar ====================================================== Bitu Kumar @ Subham Raj Son of Sunil Kumar Gupta Resident of Village - Koirpurwa, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Digvijay Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Buxar(T) PS Case No. 201 of 2019 dated 11.03.2019 instituted under Sections 341/323/504/356/379/34 of the Indian Penal Code.
3. The petitioner is accused of snatching away of mobile of the informant and Rs. 3,000/- cash from his purse.
4. Learned counsel for the petitioner submitted that he is not named in the FIR and has been made accused only on the basis of co-accused Nilesh Kumar whose mobile was recovered by the informant from the place of occurrence. It was submitted that Nilesh Kumar has taken the name of the petitioner because they
Patna High Court CR. MISC. No.59517 of 2019 dt.27-11-2019 2/2 live in the same area and due to local politics he wants to ruin the career of the petitioner, who is a student.
5. Learned APP submitted that the sequence of events, both in the FIR and the confessional statement of Nilesh Kumar, corroborate each other and further that there is absolutely no cogent ground for the petitioner to have been falsely implicated by Nilesh Kumar who, as per the stand of the petitioner himself, lives in the same area.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find it a fit case for grant of pre-arrest bail to the petitioner.
7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T