Rahul Kumar @ Anand Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53861 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- PUSA District- Samastipur ====================================================== RAHUL KUMAR @ ANAND PRAKASH S/O CHHOTAN KUMAR DAS R/O WARD NO. 09, MALIKORH, PUSA P.S, SAMASTIPUR, BIHAR848101. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 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 392 of the IPC. 3.

Allegedly, the informant was surrounded by three unknown miscreants sitting on a scooty, who tried to snatch his bike key and overtook him and on the point of pistol, snatched his bag containing Rs.57481.00/-. In the bag tablet and bio metrics were also kept.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case merely on suspicion. He has been made accused in this

Patna High Court CR. MISC. No.53861 of 2023(5) dt.30-01-2024 2/2 case on the basis of statement of two witnesses, which is mentioned in para-51 and 52 of the case diary but those witnesses namely Nisha Devi and Kanchan Kumari are the neighbours of the petitioner and they have inimical term with the petitioner and his family. No incriminating article has been recovered from the conscious physical possession of the petitioner and he has no criminal antecedent. 5.

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

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Pusa P.S. Case No.14 of 2023, corresponding to G.R. No.504/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T