Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45486 of 2023 Arising Out of PS. Case No.-1216 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Rupesh Kumar (Male) aged about 18 years, Son of Sri Balo Yadav, Resident of Village- Piprahi Wad No. 6 PS. Ghailadh (OP) District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh, Advocate For the State :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Madhepura P.S. Case No. 1216 of 2022 dated 24.12.2022 instituted under Section 392 of the Indian Penal Code.
3. As per the F.I.R., it is alleged that four accused have snatched Splender Motorcycle and mobile phone of the informant and fled away.
4. Learned counsel for the petitioner submits that the FIR was lodged against unknown and on the confessional statement of co-accused Saurabh Kumar @ Mangala, the petitioner has been implicated in this case. There is no recovery from the petitioner. The petitioner has no criminal antecedent and except the confessional statement of co-accused, there is
Patna High Court CR. MISC. No.45486 of 2023(2) dt.30-08-2023 2/2 no material against the petitioner. Learned counsel further submits that the petitioner is a student who has been falsely implicated in this case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 1216 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) P. Kumar U T