Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25131 of 2023 Arising Out of PS. Case No.-680 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== RAKESH KUMAR SON OF UDIT YADAV @ RAM UDIT SINGH VILLAGE- CHECHADI, PS- OBRA, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== 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 section 395 of the Indian Penal Code.

As per prosecution case, the informant alleged that five motorcycle riders came at Prakash Pantrol Service Petrol pump and looted away cash of Rs. 1,00,456/- and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confessional statement of other co-accused namely, Ajit Kumar who is already getting the privilege of bail granted by a co-ordinate Bench of this court

Patna High Court CR. MISC. No.25131 of 2023(2) dt.23-05-2023 2/2 vide order dated 11.5.2023 passed in Cr. Misc. No. 16838 of 2023. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. 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 Daudnagar P.S. Case No. 680 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 S.D.J.M. Daudnagar, Dist- Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U T