Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31838 of 2023 Arising Out of PS. Case No.-511 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== RAKESH KUMAR S/O JANARDAN PRASAD ROY R/O VillageDharamagat Tolapur, P.O- Mujauna, P.S- Dariyapur, Distt.- Saran- 841207. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhukar Pandey For the Opposite Party/s :
Mrs. Pushpa Sinha-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 394, 411, 307 & 326/34 of the Indian Penal Code and Section 25 (1-b)A, 26/27 and 35 of the Arms Act.
3. The petitioner in association of other coaccused is said to have tried to commit loot of bag of the informant.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of the apprehended person. The allegation levelled
Patna High Court CR. MISC. No.31838 of 2023(2) dt.20-07-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the F.I.R. and he does not know anyone and never came at Darbhanga as he is a cloth merchant and runs cloth shop at Chapra market. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Darbhanga P.S. Case No. 511 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T