Rahul Poddar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32398 of 2022 Arising Out of PS. Case No.-151 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Rahul Poddar @ Rahul Kumar Son Of Anil Poddar R/O MohallaMohiddinagar, P.S.- Mojahidpur (Babarganj), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mojahidpur (Babarganj) P.S. Case no. 151 of 2019 instituted for the offence under Section 392 of the Indian Penal Code.

As per allegation in the FIR, while the informant was distributing gas cylinder then three miscreants on a motorcycle came and on point of pistol they snatched money bag containing Rs. 23606/- and fled away from the place of occurrence. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been made accused in this case on the basis of mere suspicion. The

Patna High Court CR. MISC. No.32398 of 2022(2) dt.23-11-2022 2/2 name of the petitioner has been disclosed in this case on confessional statement of apprehended co-accused Suny Kumar. It is further submitted that neither the petitioner was arrested on spot nor the alleged looted money has been recovered from his conscious possession.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mojahidpur (Babarganj) P.S. Case no. 151 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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