Rakesh Kumar @ Raj @ Nehari Prasad @ Rakesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50865 of 2025 Arising Out of PS. Case No.-160 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Rakesh Kumar @ Raj @ Nehari Prasad @ Rakesh S/o Chhote Singh R/o Village- Bhikua, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Salimpur P.S. Case No.160 of 2018 under Section 392 of the Indian Penal Code pending before the court of A.C.J.M.,-2nd, Barh.

3. As per the prosecution, the FIR has been lodged against four unknown accused persons against whom there is allegation of robbery.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He further submits that nothing has been recovered from the possession of the petitioner and he was not put on TIP.

5. Learned Counsel also submits that antecedent of

Patna High Court CR. MISC. No.50865 of 2025(2) dt.11-08-2025 2/2 the petitioner is clean and the present case is magisterial triable in nature.

6. Learned APP for the State opposes the prayer for bail and submits that in the case diary which has been produced before the Sessions Court that series of material has come against the petitioner.

7. Counsel further submits that it is true that his name has come by virtue of confessional statement of co-accused, but this confessional statement is not only confessional rather it is corroboration also.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 6 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T