Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28818 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== RAJA KUMAR S/o Jamun Ram Resident of Village- Narha, Ward No.04, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Pranav Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Raghopur PS case no. 237 of 2019 registered for the offences punishable under Section 379 of Indian Penal Code.

The allegation is regarding the informant having gone to his in-laws' place and there, he had gone to purchase fish from the market and when he came back after purchasing fish, he found that his motorcycle was missing. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.28818 of 2020(2) dt.03-12-2020 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the name of the petitioner has transpired upon the confessional statement having been made by the co-accused person namely Vikash Kumar, from whom the stolen motorcycle has been recovered by the police and hence the petitioner has got no complicity in the matter.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the stolen motorcycle has been recovered from the co-accused person namely Vikash Kumar and moreover, the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Birpur at Supaul in connection with Raghopur PS case no.

Patna High Court CR. MISC. No.28818 of 2020(2) dt.03-12-2020 3/3 the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T