Rakesh Kumar Rai @ Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17979 of 2025 Arising Out of PS. Case No.-26 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Rakesh Kumar Rai @ Rakesh Rai Son of Sharma Nand Rai Resident of Village - Mandilawa, P.S. - Chiraiya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv Mr. Hemand Ray, Adv For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that a miscreant with stolen motorcycle was apprehended, who disclosed his name as Praveen and further disclosed the name of the accused persons who fled as Amresh, Rakesh (petitioner), Basant and one resident of village-Mandilwa.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and his name transpired in

Patna High Court CR. MISC. No.17979 of 2025(2) dt.18-08-2025 2/2 the confessional statement of the apprehended accused in police custody, which does not have any evidentiary value. It is next submitted that similarly situated co-accused Amresh Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc No. 46960 of 2024 and the same was allowed by an order dated 24-72024 passed by a learned co-ordinate Bench. 5.

Learned A.P.P. for the State opposes, Shri Chandra Bhushan Prasad, the prayer for anticipatory bail of the petitioner. 6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chiraiya P.S. Case No. 26 of 2022, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T