Ritesh Kumar @ Ritesh Kumar Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75313 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== RITESH KUMAR @ RITESH KUMAR PRAJAPATI Son of Ram Sudhar Prajapati Resident of village - Mujan, P.S.- Mohania, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Kudra P.S. Case No.104/2022, registered for the offence punishable u/s 394 of the IPC.

As per the prosecution case, four unknown miscreants snatched the bag of the informant by creating terror by firing. The bag contained gold, silver ornaments and Rs.45,000/-. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He has been made

Patna High Court CR. MISC. No.75313 of 2022(2) dt.01-05-2023 2/2 accused in this case on the basis of the confessional statement of the co-accused. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has two criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that petitioner along with other co-accused persons have robbed the money and jewellery of the informant on the point of pistol.

Having regard to the facts and circumstances of the case and considering 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 hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T