Abhishek Thakur @ Abhishek Thakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78817 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Abhishek Thakur @ Abhishek Thakar S/O Krishna Kant Thakur R/o Vill.- Dharharwa, P.S - Parihar, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024

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

2. This application, for grant of anticipatory bail, arises out of Sakri Police Station Case No. 182 of 2024, dated 18.08.2024, disclosing offences punishable under Section 134/303(2)/317(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 18.08.2024, at about 12:10 PM, while the informant, along with one another person, was going to Muzaffarpur on his motorcycle, two persons came on a motorcycle and snatched his mobile phone from his pocket and fled away. The informant chased him and overtook the motorcycle of the miscreants and the driver of the said motorcycle fled away while the pillion rider

Patna High Court CR. MISC. No.78817 of 2024(2) dt.04-12-2024 2/3 was caught and the snatched mobile phone was recovered from the pillion rider, namely, Satyam Anand, who, on enquiry, disclosed the name of the person who was driving the motorcycle, as the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of the confessional statement of co-accused Satyam Anand, who has disclosed that the petitioner was driving the motorcycle and had actively participated in the alleged occurrence.

5. I have heard learned counsel for the parties and have perused the material available on record, including the impugned order.

6. From perusal of the impugned order, it transpires that coaccused Satyam Anand, in his confessional statement, has disclosed the active involvement of the petitioner in the alleged offence.

7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Additional

Patna High Court CR. MISC. No.78817 of 2024(2) dt.04-12-2024 3/3 Sessions Judge-XII, Madhubani, inasmuch as the case is under investigation, wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of investigation. As such, I am not inclined to grant anticipatory bail to the petitioner.

8. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √