Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34945 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Rahul Kumar Son Of Satendra Prasad Resident Of Village- Kasthua Koyaribigaha, Ps- Paraiya, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 748 of 2022 registered for the offence punishable under Sections 414 and 34 of the Indian Penal Code.

3.

One Nandan Kumar has been apprehended with a stolen motorcycle. He has stated that the motorcycle was brought from Patna by the petitioner leading to his implication in the investigation.

4.

Learned counsel for the petitioner submits that other than statement of the co-accused, there is no material to incriminate the petitioner with the instant allegations. There is no antecedent of the petitioner and no recovery has been made

Patna High Court CR. MISC. No.34945 of 2023(2) dt.21-07-2023 2/3 from the petitioner.

5.

Learned APP has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, and the fact that there is no recovery from the petitioner and the manner of his implication, as also clean antecedent, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya in connection with Rampur P.S. Case No. 748 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.34945 of 2023(2) dt.21-07-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T