Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27046 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Rahul Kumar, Son of Sunil Kumar Thakur, Resident of Village Dronpur, P.S. Ahiyapur, District Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Kazi Mohammadpur P.S. Case No.300 of 2020, registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b) of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that though the petitioner is named in the FIR, but he is not apprehended at the spot. It is submitted that the recovered motorcycle belongs to the petitioner but vide Annexure-3 the said motorcycle has been given to the widow sister of the petitioner. It is further submitted that the sister of

Patna High Court CR. MISC. No.27046 of 2021(2) dt.22-12-2021 2/2 the petitioner lives in the house of Sumit Kumar as a tenant as stated in para 11 of the bail petition.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Muzaffarpur East in connection with Kazi Mohammadpur P.S. Case No.300 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T