Rakesh Choudhary @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10804 of 2023 Arising Out of PS. Case No.-206 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== Rakesh Choudhary @ Rakesh Kumar S/O Anugarh Narayan Singh Resident Of Village- Wazirganj, P.S.- Sasaram (M), District- Rohtas At Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey,App,84 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nasriganj P.S. Case No. 206 of 2019 registered under section 395 of the Indian Penal Code.

As per prosecution case, 9-10 unknown miscreants riding on 4-5 motorcycles intercepted the van in which three cows and a calf were loaded and the informant along with owner of the cow was also present in the same van. The accused persons snatched cash and mobile phones from their possession and also took away the van loaded with cows and calf.

Patna High Court CR. MISC. No.10804 of 2023(2) dt.19-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused, namely, Ranjan Chaudhary before the police. It is further submitted that nothing looted article has been recovered from the conscious possession of the petitioner. Neither the petitioner was arrested on spot nor he has been put on T.I.P. He is languishing in judicial custody since 08.09.2022. Moreover, similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nasriganj P.S. Case No. 206 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 Additional Chief

Patna High Court CR. MISC. No.10804 of 2023(2) dt.19-04-2023 3/3 Judicial Magistrate-II-Cum-Sub-Judge-II, Bikramganj, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) shubham/- U T