Patna High CourtCR. MISC./1090/2025disposed

Rabi Bhagat @ Ravi Bhagat v. The State Of Bihar

2025-03-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1090 of 2025 Arising Out of PS. Case No.-455 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Rabi Bhagat @ Ravi Bhagat S/O Kishan Bhagat R/O 17, Staff Quarter E.G. Fort William, Kolkata, P.S.- Maidan, District- Kolkata, West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binodanand Mishra, Sr. Advocate Mr. Sandeep Kumar, Advocate Mr. Gunjan Kumar Jha, Advocate For the State :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-03-2025 Heard learned Senior Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Bahera P.S. Case No. 455 of 2023 instituted under Section 395 of the Indian Penal Code.

3. As per the prosecution case, in the shop of the informant, dacoity was committed. Criminals looted Rs.25,000/- and thereafter they also took away ornaments, domestic utensils, laptop worth Rs. 10,00,000/- and mobiles.

4. The petitioner is named in the confessional statement of co-accused namely Ankesh Kumar @ Mikal and Subodh Kumar.

5. At this stage, Mr. Binodanand Mishra, learned

Patna High Court CR. MISC. No.1090 of 2025(3) dt.04-03-2025 2/2 Senior Counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case by the two coaccused persons on account of enmity. The petitioner's father is based in West Bengal and the petitioner also stays in West Bengal.

6. This application is disposed of with liberty to the petitioner to approach the Senior Superintendent of Police, Darbhanga with an application about his innocence. The Senior Superintendent of Police, Darbhanga will direct the I.O. of the case to verify the facts mentioned in the application of the petitioner. If the petitioner is found to be staying in West Bengal permanently and also on the date of occurrence the petitioner was in West Bengal then appropriate order shall be passed by the Senior Superintendent of Police, Darbhanga. The entire exercise shall be completed by the police within one months from today.

7. For the next one month, the petitioner shall not be arrested by the police.

(Sandeep Kumar, J) P. Kumar U T