Gopal Kumar @ Gopal Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45781 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== GOPAL KUMAR @ GOPAL KUMAR PATEL SON OF AMBIKA SHARAM SINGH R/O VILLAGE- KHURAHURIA, P.S.- KARAGAHAR, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Karagahar (Barahari O.P.) P.S. Case No. 118 of 2022 for the offence registered under Sections 379, 414 and 34 of the Indian Penal Code.

As per the prosecution story, the police during patrolling duty intercepted a motorcycle and upon demand of papers, it was found to be stolen one. The accused persons further narrated that the same has been purchased for consideration amount of Rs. 4,000/- from this petitioner. Accordingly, he has been made an accused.

Learned counsel for the petitioner submits that his

Patna High Court CR. MISC. No.45781 of 2022(2) dt.02-01-2023 2/3 family owns agricultural land and he has nothing to do with the alleged stolen motorcycle and his name has come in the confessional statement of accused persons, who was found with their motorcycle and thus he has been implicated in this case. The learned counsel lastly submits that he do not have criminal antecedent.

Learned APP for the State opposes the prayer for anticipatory bail and submits that the accused persons has named him in the First Information Report.;

Taking into account the fact that the motorcycle has been recovered from co-accused, Abhinandan Kumar and on his narration that this petitioner has been implicated, he is a young person and has no criminal antecedent, this Court is inclined to grant him privilege of anticipatory bail.

However, if it is found that wrong statement has been made in paragraph-3 of the petition regarding his criminal antecedent, the relief granted to him shall become infructuous. Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.45781 of 2022(2) dt.02-01-2023 3/3 Magistrate, Rohtas, Sasaram in connection with Karagahar (Barahari Op) P.S. Case No. 118 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/NehaU T