Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

RAKESH KUMAR Son of Bhogeshwar Lall Resident of Village - Devkali, P.S.- Brahmpur, Distt.- Buxar.

2.

PAPU LALL Son of Rajeshwar Lall Resident of Village - Devkali, P.S.- Brahmpur, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 63 of 2020 for the offence punishable under Sections 147, 149, 341, 323, 379, 427, 337 and 338 of the Indian Penal Code.

According to prosecution, while the informant along with his family members were boarding on bus, 10 to 12 unknown persons took over the Bus and started assaulting the passengers including the informant's family and fled away after

Patna High Court CR. MISC. No.89 of 2021(2) dt.27-10-2021 2/2 snatching the ornaments.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, these petitioners have not been named in the F.I.R. Neither T.I.P. has been conducted nor any cogent material has come during course of investigation against these petitioners suggesting their involvement in the alleged occurrence. Hence, the petitioners may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has, vehemently, opposed the prayer for grant of anticipatory bail to the petitioners. Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Ara in connection with Shahpur P.S. Case No. 63 of 2020 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) braj/- U T