Patna High CourtCR. MISC./25109/2023allowed

Rakesh Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25109 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== RAKESH KUMAR S/o- LATE BALMIKI SINGH Village- Rahimapur PsBidupur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 461, 379 of the Indian Penal Code.

As per FIR, the informant alleged that unknown miscreants committed theft in his Agency and while committing so, taken away a computer set as well as cash of Rs. 55,460/-. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of confessional statement of co-accused namely Kant Lal Kumar from whose possession as alleged stolen article has been recovered. No any incriminating

Patna High Court CR. MISC. No.25109 of 2023(2) dt.23-05-2023 2/2 article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 13.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 149 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Hajipur.

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