Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53143 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- LODIPUR District- Bhagalpur ====================================================== Rakesh Kumar @ Rakesh Yadav Son of Ramdas Yadav Resident of VillNayatola, P.S.- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 457, 380/34 of the IPC. 3.

Allegation against the petitioner is that he along with other co-accused persons committed theft in the house of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No incriminating article has been recovered from the conscious physical possession of the

Patna High Court CR. MISC. No.53143 of 2024(2) dt.28-08-2024 2/2 petitioner. There is no eye witness of the alleged theft committed by the petitioner and there is no allegation against him to tamper the witnesses. He has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Lodipur P.S. Case No.220 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T