Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36977 of 2021 Arising Out of PS. Case No.-93 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Rahul Kumar Son of Sri Narayan Singh Resident of Village - Balipankar, P.S.- Paliganj, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindeshwar Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have entered into the shop of the informant and committed theft. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is maternal grandson of the uncle of the informant and the informant dislikes him and he always abused and assaulted the petitioner. It is further submitted that prior to the alleged occurrence on 18.10.2018, the informant, his wife, his mother and one Karu Sao abused and assaulted the petitioner and his mother and they forcibly taken away the bag containing ornaments worth Rs.1,50,000/- and

Patna High Court CR. MISC. No.36977 of 2021(3) dt.20-06-2022 2/2 Rs.5000/- cash of the mother of the petitioner for which the mother of the petitioner filed Complaint Case No.1587(C) of 2018 before the learned A.C.J.M., Danapur. It is submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that no incriminating article has been recovered from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur in connection with Khirimore P.S. Case No.93 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T