Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39202 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Rahul Kumar S/O Govind Paswan R/O Vill-Loknathpur Ganj, PsDalsingsarai, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dalsingsarai P.S. Case No. 278 of 2023 registered for the offences punishable under Sections 392 of the Indian Penal Code.

3. As per prosecution case, two unknown miscreants on the point of pistol snatched the Scooty along with bag of the Informant containing laptop, cash of Rs. 02 lacs and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to local village politics. He further submits that

Patna High Court CR. MISC. No.39202 of 2024(2) dt.25-06-2024 2/3 nothing incriminating has been recovered from the conscious possession of the petitioner. There is no specific or direct allegation of any overt act against the petitioner rather the same are general and omnibus in nature. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of the co-accused Md. Saddam who has inimical relation with the petitioner. He further submits that save and except confessional statement of the co-accused, there is nothing against the petitioner in the entire record of this case. The petitioner was neither arrested on the spot nor was found in the vicinity of the place of occurrence. The petitioner has no criminal antecedent.

5. Learned counsel for the petitioner further submits that the co-accused Md Faiz @ Faizy has been granted regular bail by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 31298 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned

Patna High Court CR. MISC. No.39202 of 2024(2) dt.25-06-2024 3/3 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Dalsingsarai P.S. Case No. 278 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T