Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72358 of 2024 Arising Out of PS. Case No.-42 Year-2016 Thana- PATLIPUTRA District- Patna ====================================================== 1.

Sunny Kumar S/O Dharmendra Kumar Singh Resident of VillageRamjichak, P.S- Digha, District- Patna. 2.

Sonu Kumar S/O Jitendra Kumar Puri R/O Village- Ramjichak, P.S- Digha, Distt.- Patna.

3.

Rahul Raj S/O Daroga Ray Resident of Village- Ramjichak, P.S- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Patliputra Police Station Case No. 42 of 2016, dated 30.01.2016, disclosing offences punishable under Sections 356 /379 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 30.01.2016, at about 06:45 PM, the informant left his office but on the way he

Patna High Court CR. MISC. No.72358 of 2024(2) dt.29-10-2024 2/3 came to know that he had left something in the office and was returning to his office while talking on his mobile. In the meantime, three miscreants, on a motorcycle, came and snatched the mobile phone of the informant and when the informant tried to caught hold he miscreants, they pushed the informant due to which he fell down and sustained injuries.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. He further submits that First Information Report has been lodged against unknown and the name of the petitioners transpired in this case on the basis of confessional statement of the co-accused Rahul Kumar Singh, from whose possession, several stolen/snatched mobile phones were recovered. He further submits that the petitioner was not present at the alleged time and place of occurrence.

5. On the other hand, learned Additional Public

Patna High Court CR. MISC. No.72358 of 2024(2) dt.29-10-2024 3/3 Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the petitioners have criminal antecedents of similar nature of cases.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the name of the petitioners transpired on the basis of confessional statement of co-accused namely Rahul kumar Singh, from whose possession, several stolen/snatched mobile phones were recovered and the petitioners have several criminal antecedents of similar nature of offences, I am not inclined to grant the petitioners privilege of anticipatory bail.

7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) siwani/- U √ T √