Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70757 of 2022 Arising Out of PS. Case No.-781 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== RAJESH YADAV SON OF SAROBAR YADAV R/O VILLAGEMACHHAHA, P.S.- SHANKARPUR, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mr.Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Madhepura (Bharrahi) P.S. Case No.781 of 2018, registered for the offence punishable u/s 392 IPC.

As per prosecution case, the informant was looted in the way to village Sakarpura by some miscreants. They took away Rs.500/-, purse with Rs.1200/-, mobile with SIM and his motorcycle.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the FIR and his name transpired in the case only on suspicion. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal

Patna High Court CR. MISC. No.70757 of 2022(2) dt.31-01-2023 2/2 antecedent.

Learned counsel for the State opposed the prayer for bail by submitting that during investigation on the basis of CDR of the looted mobile, the name of petitioner has come in the case. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected.

This application is accordingly dismissed.

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