Raghvendra Kumar @ Khelari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44111 of 2023 Arising Out of PS. Case No.-138 Year-2020 Thana- SOHSARAI District- Nalanda ====================================================== RAGHVENDRA KUMAR @ KHELARI SON OF BIJAY SINGH RESIDENT OF VILLAGE- LODIPUR, PS - BIND, DISTT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. 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 offence punishable under Section 379 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that his motorcycle was stolen by unknown thieves.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Abhijit Kumar in police custody who disclosed that he sold the motorcycle to the petitioner, it is next submitted that confession in police custody

Patna High Court CR. MISC. No.44111 of 2023(2) dt.24-08-2023 2/2 does not have any evidentiary value, it is further submitted that petitioner had not purchased the motorcycle from Abhijit Kumar nor the same was recovered from his premises, it is next submitted that petitioner because of his antecedents came to be implicated.

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

6. Considering the submissions made by the learned counsel for the petitioner, 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 bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sohsarai P.S. Case No. 138 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father Bijay Singh.

(Satyavrat Verma, J) GauravSinha/- U T