Rakesh Kumar Sah @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57753 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== RAKESH KUMAR SAH @ RAKESH KUMAR S/O BHOLA SAH R/O VILLAGE- GOSAINPUR, PS. BAGHAILA, DIST. ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 392 of the IPC.

3. As per the prosecution case, four unknown miscreants forcibly took away two tractors of the informant and his associate and also snatched cash Rs.10,400/- from them.

4. Learned counsel appearing for the petitioner submits that petitioner's name has come in this case during course of investigation on the basis of confessional statement of co-accused. No direct or indirect evidence has come against the petitioner during course of investigation to show his complicity in the occurrence. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.57753 of 2023(2) dt.05-09-2023 2/2

5. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has got criminal antecedent of similar nature, as such, he cannot be allowed privilege of pre-arrest bail.

6. Considering the fact that the petitioner has got criminal antecedent of similar nature, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T