Rahul Kumar @ Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23183 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== Rahul Kumar @ Rahul Raj Son Of Pankaj Giri R/O- Village- Puran Bigha, P.S. Giriyak, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 342, 363, 365, 323, 420, 504, 506, 34 of the Indian Penal Code and Section 66 of the I.T. Act. The prosecution case as per F.I.R is that the informant apprehended three persons who were quarreling with one another. During interrogation, they confessed that they are engaged in fraudulently exchanging the ATM of the customers and withdrawing money. They were fighting for distribution of share of

Patna High Court CR. MISC. No.23183 of 2022(2) dt.21-09-2022 2/3 the money. The apprehended accused persons disclosed the name of the petitioner as one of his associates. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and except the confessional statement of the co-accused, nothing has come during investigation against the petitioner to link him in the present case. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.23183 of 2022(2) dt.21-09-2022 3/3 Magistrate, Nalanda at Bihar Sharif in connection with Giriyak (Pawapuri) P.S. Case No. 353 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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