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Patna High CourtCR. MISC./6166/2024allowed

Raghvendra Kumar @ Nikest Kumar Singh v. The State Of Bihar

2024-02-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6166 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Raghvendra Kumar @ Nikest Kumar Singh S/O Vijay Kumar Singh VILLAGE- VAISHALI (TOLA DHARHARA) WARD NO. 18, PS. VAISHALI, DIST. VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Rina Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 279, 353, 354, 504, 506 of the Indian Penal Code.

3. Allegedly, petitioner is said to have followed the informant on bike and also hit her bike from back several times to get accident by his motorcycle. The informant stopped her vehicle in rural market and stated the alleged occurrence to the local people, then the villagers caught that boy and asked his name on which he stated his name as Niket Kumar Singh. According to the papers found in the vehicle, it has come in knowledge that the owner of the said vehicle is Raghvendra

Patna High Court CR. MISC. No.6166 of 2024(2) dt.20-02-2024 2/3 Kumar. The father of the petitioner tried to pacify the matter and assured to stop such kind of behaviour of his son, but petitioner again started following the informant and started threatening her.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is inordinate and abnormal delay of 11 days in lodging the FIR without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is delay in lodging the FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.6166 of 2024(2) dt.20-02-2024 3/3 amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Vaishali P.S. Case No. 236 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T