Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22146 of 2019 Arising Out of PS. Case No.-551 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Rakesh Kumar son of Shiv Shankar Sah, resident of village Basantpur Police Station Sathi, District West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party :

Mr.Amit Kumar Rakesh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is apprehending his arrest in a case registered under Sections 413, 414, 379 and 201 of the Indian Penal Code.

Police, while checking the vehicles, caught one Splendor motorcycle with two accused persons namely the petitioner and one Sujit Kumar. Police allowed the petitioner to go to the house for bringing the documents of the motorcycle but he never returned. Sujit Kumar disclosed that the motorcycle was stolen one and he along with the petitioner was indulged in theft of motorcycles on the earlier occasions also. Police raided the rented room of these two accused persons and seized one iron key and seven master keys.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.22146 of 2019(4) dt.08-07-2019 2/2 the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused as at the time of checking of the vehicle he had gone to his native village. It is further submitted that the petitioner is a student and has got no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below it hin a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah Mufassil Manuapool Police Station Case No. 551 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T