Prakash Kumar @ Prakash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83315 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Prakash Kumar @ Prakash Kumar Singh S/O Himalaya Singh @ Late Himalaya Singh Resident of Village-Khangaon, P.S- Chandi, Distt.- Bhojpur. .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Adv.
Ms. Devyani Shekar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard Mr. Ravindra Kumar, learned counsel for the petitioner duly assisted by Ms. Devyani Shekhar, learned counsel and the State.
2. The petitioner is in judicial custody in connection with Koilwar P.S. Case No. 357 of 2024 for the offences punishable under Sections 304, 317(2)/3(5) of the BNS, lodged on 09.09.2024 by the informant, Khushi Kumari.
3. As per the prosecution story, the informant, a lady after completing her duty at a Private Hospital at Bihta was returning. As she alighted from the Auto-rickshaw, was on foot, a motorcycle came from behind and the allegation is that three accused persons sitting on it, in which the last person snatched the mobile. However, to the misfortune of the accused, the locals caught hold of the third person sitting on the motorcycle
Patna High Court CR. MISC. No.83315 of 2024(2) dt.09-12-2024 2/2 and handed over the police. The said person is the petitioner. Accordingly, the FIR/arrest.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, he has been implicated in this case, has absolutely no role in snatching of the mobile.
5. Learned APP, however, has taken this Court to the FIR once again to show that the petitioner was caught on the spot having been brought down from a moving motorcycle by the locals. He was the person snatching the mobile of the poor lady.
6. Taking into account the aforesaid facts, in the opinion of the Court, for the present, no case is made out.
7. Accordingly, the bail application stands rejected. (Rajiv Roy, J) perwez U T