Patna High CourtCR. MISC./81743/2023rejected

Rohit Kumar @ Rohit Raj v. The State Of Bihar

2024-01-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81743 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Rohit Kumar @ Rohit Raj Son Of Ramanand Yadav R/O Village- Pirkhasarai, P.S.- Khijarsarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2024 Heard Mr. Arvind Kumar Pradhan, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 175 of 2022, F.I.R. dated 14.06.2022 for the offences punishable under Sections 420, 379, 461, 411, 4114, 427 and 120(B) of the Indian Penal Code.

3. According to prosecution case, the petitioner along with other accused persons were illegally withdrawing money from the ATM Machine.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.81743 of 2023(2) dt.24-01-2024 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the petitioner was not apprehended and name of the petitioner has been transpired on he basis of the confessional statement of the co-accused person and the petitioner has no concern at all with the alleged occurrence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner was identified on the basis of the CCTV footage.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bahadurpur P.S. Case No. 175 of 2022 pending in the court of Judicial Magistrate 1st , Patna City.

7. Prayer is refused.

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