Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29778 of 2025 Arising Out of PS. Case No.-12 Year-2022 Thana- ROH District- Nawada ====================================================== Raushan Kumar Son of Suresh Yadav Resident Of Village- Morma, Ps -Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Roh P.S. Case No.12 of 2022 registered for the offences punishable under Section 414 of the IPC.

3. As per prosecution case, three motorcycles were recovered from the house of co-accused Jitendra Kumar. Co-accused Jitendra Kumar and Rahul Kumar were apprehended on the spot and they have not submitted any valid paper of the motorcycles in question.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his named has been transpired in the present case upon the confessional

Patna High Court CR. MISC. No.29778 of 2025(2) dt.14-05-2025 2/3 statement of co-accused Jitendra Kumar. Except confessional statement of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. Learned counsel submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. No incriminating article has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Judicial Magistrate 1st, Nawada in connection with Roh P.S. Case No.12 of 2022, subject to the conditions

Patna High Court CR. MISC. No.29778 of 2025(2) dt.14-05-2025 3/3 as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U T