Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1381 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- SARAI District- Vaishali ====================================================== Rahul Kumar Son Of Lakhindra Ray Resident Of Village- Birra, Police Station-Hajipur Sadar, District-Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar No 7, Advocate For the State :

Mr.Nawal Kishore Prasad, APP For the informant :

Mr.Manish Chandra Gandhi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 461, 378/34 of the Indian Penal Code. Later on, Section 411 of I.P.C. has been added. Allegation is that the petitioner along with 2-3 unknown persons entered into the godown of the informant and stolen away electronic goods.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.1381 of 2021(2) dt.08-07-2021 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Srimati Ranjula Bharti, Additional Chief Judicial Magistrate 16th-cum-Sub Judge 17th, Hajipur at Vaishali in connection with Sarai P.S. case No.69 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.1381 of 2021(2) dt.08-07-2021 3/3 with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T