Kartik Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70739 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== KARTIK PRASAD son of Kedar Prasad R/o Village- Gandhi Nagar P.SNagar Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-11-2023 Heard Mr.Rajesh Kumar, learned counsel for the petitioner and Mr.Jai Narain Thakur, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Turkauliya P.S.Case No.643 of 2023, FIR dated 04.06.2023 registered for the offences punishable under Sections 420,416 and 395 of IPC.

3. Allegation against the petitioner is that the looted money was distributed amongst the accused persons at the house of the petitioner and looted money Rs. 1,50,000/- has been recovered from the house of the petitioner and at the time of raid, this petitioner succeeded in fleeing away from his house.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70739 of 2023(2) dt.07-11-2023 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused persons, namely, Prashant Singh, Rakesh Jha and Jiut Mahto and they have confessed that the petitioner was also involved in the present occurrence and on the basis of the confessional statement of the aforesaid co-accused persons, looted amount has been recovered from the co-accused persons and Rs. 1,50,000/- has been recovered from the house of the petitioner.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that looted amount of Rs. 1,50,000/- has been recovered from the house of the petitioner and apart from the aforesaid, the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact and looted amount has been recovered from possession of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Turkauliya P.S.Case No.643 of 2023 pending in the court of learned C.J.M., Motihari, East

Patna High Court CR. MISC. No.70739 of 2023(2) dt.07-11-2023 3/3 Champaran.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T