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Patna High CourtCR. MISC./60723/2021bail granted

Rajkeshwar Kumar @ Dhiru v. The State Of Bihar

2022-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60723 of 2021 Arising Out of PS. Case No.-80 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== RAJKESHWAR KUMAR @ DHIRU S/o RAM NARESH SINGH R/o VILLAGE-KACHAUR, P.S-KANHAULI, DISTRICT-SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Punaura P.S. Case no. 80 of 2021 instituted for the offence under Section 395 of the Indian Penal Code.

As per allegation in the FIR, when the informant was carrying Rs. 17 lakh kept in a bag from the residence of owner Indrajeet Kumar, located at mahila Thana, Sitamarhi by his bullet motorcycle to the Agency at Mehorganj in the way at ROS Pubic School, Khairwa five motorcycle borne miscreants intercepted him and looted away the money kept in the bag from at the point of pistol.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.60723 of 2021(2) dt.11-05-2022 2/2 offence. He has got no criminal antecedent. FIR has been lodged against unknown. The name of the petitioner has been disclosed in this case by the co-accused, namely, Amit Kumar and Umesh Chaudhary, which has got no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Punaura P.S. Case no. 80 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U