Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64906 of 2023 Arising Out of PS. Case No.-103 Year-2019 Thana- KOTWA District- East Champaran ====================================================== RAJU KUMAR S/o- HARI PASWAN Village- Amawa Ps- Kotwa Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi Mrs. Prerna Rishi For the Opposite Party/s :

Mr. Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kotwa P.S. Case No.103 of 2019, registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. Allegedly, the petitioner and other co-accused persons are said to have looted the motorcycle of the informant and also a snatched bag, wallet and two mobile phones from him.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the petitioner was

Patna High Court CR. MISC. No.64906 of 2023(3) dt.22-01-2024 2/2 arrested in Kotwa P.S. Case No.121 of 2019 and he confessed that he along with other persons have committed loot with the informant of the present case on 24.05.2019. It is further submitted that no TIP parade has been conducted till date. Petitioner has three criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that the petitioner has himself confessed that he is involved in the present case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T