Rakesh Kumar Yadav @ Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37602 of 2025 Arising Out of PS. Case No.-239 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Rakesh Kumar Yadav @ Rakesh Rai S/O Ramchandra Rai @ Ram Chandra Yadav Resident of village- Barharwa Kala Tola, Heman Chhapra, PS- Kotwa, district- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Shankar Sharma S/O Late Balbhadea Prasad Dube Resident of villageBarharwa Kala Tola, Heman Chhapra, PS- Kotwa, district- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP For the O.P. No. 2 :

Mr. Sanjeev Kumar Singh, Advocate :

Mr. Praveen Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and Mr. Sanjeev Kumar Singh, learned counsel for OP No. 2. Perused the case diary.

2. The petitioner seeks bail in connection with Kotwa P.S. Case No. 239 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 67 of the I.T. Act.

3. The allegation in the FIR on all the accused persons including the petitioner is that of preparation and use of forged

Patna High Court CR. MISC. No.37602 of 2025(3) dt.19-08-2025 2/3 documents in order to usurp the land of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that no any loss has been caused to the informant. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2025 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 13.08.2025 passed in Cr. Misc. No. 46746 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no direct role of the petitioner in the alleged offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.37602 of 2025(3) dt.19-08-2025 3/3 below/concerned Court in connection with Kotwa P.S. Case No. 239 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T