Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29533 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rakesh Kumar son of Sheonath Rai, resident of village- Bakhari, P.S.- Adapur, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in a case registered under sections 392, 511 of the Indian Penal Code. Prosecution case in short is that on 21.02.2015 the informant along with his family were sleeping in his house and on sound of khat khat at the door he opened his door and saw three persons there and their faces were covered with clothes. Two persons were armed with pistol and one person pushed the door and entered into the house and on the point of pistol they demanded money and ornaments and threatened to kill him. On alarm raised by the informant villagers came there and and one person was caught by the help of the villagers and two peprsons fled away. On behalf of the petitioner it is submitted that for the same occurrence two separate cases were instituted one is for the offence under section 392 I.P.C. and other under the Arms Act. It is further submitted that the petitioner has no criminal antecedent. Petitioner is named
Patna High Court Cr.Misc. No.29533 of 2015 (2) dt.28-07-2015 2/2 in the first information report on the basis of confession made by the coaccused. There is no recovery of any incriminating articles from the possession of the petitioner.
On behalf of the State it is submitted that petitioner is named in the first information report.
Considering the aforesaid facts, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri S.K. Shrivastava, J.M. Raxaul, East Champaran at Motihari in Chaurandano P.S. Case no. 35 of 2015 , subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T