Patna High CourtCR. MISC./13247/2025bail rejected

Mr. Rakesh Mishra @ Rakesh Kumar Mishra v. The State Of Bihar

2025-03-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13247 of 2025 Arising Out of PS. Case No.-218 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Mr. Rakesh Mishra @ Rakesh Kumar Mishra Son of Ram Badan Mishra Resident of Mishra Bhawan, Majar Gali Patel Path Shekpua Bagicha B.V. College PS -Shastri Nagar District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with /Goraul P.S. Case No. 218 of 2021, lodged on 27.05.2021, under Sections 379/411 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against unknown. Allegation against the petitioner is that he has stolen Scoprio S-7.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13247 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is not clean. Counsel submits that petitioner is not named in the FIR and he ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is one criminal antecedent against the petitioner.

6. Considering the nature of allegation and criminal antecedent, the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T