Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11769 of 2022 Arising Out of PS. Case No.-606 Year-2019 Thana- DIGHA District- Patna ====================================================== RAKESH KUMAR SON OF BICHHI SAH @ BIDHA SAH @ VIDHA SAH R/O - NAKHASH CHAUK, P.S.- HAJIPUR TOWN, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, three accused persons on a motorcycle dashed the motorcycle of the informant as a result of which he fell down. Thereafter it is stated that the informant was dispossessed of a gold chain and Rs. 70,000/- in cash. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in another case in the confessional statement of a co-accused made in the said

Patna High Court CR. MISC. No.11769 of 2022(3) dt.19-12-2022 2/2 case. No incriminating article has been recovered from the petitioner's possession. He has not been put on T.I. Parade. The petitioner is in custody since 26.8.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner not having put on T.I. Parade, having remained in custody for more than 1 year 3 months since 26.8.2021 and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Digha P.S. Case no. 606 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna. (Partha Sarthy, J) Prakash/Shiv U