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Patna High CourtCR. MISC./17373/2018bail granted

Rupesh Kumar @ Rupesh Kumar Singh v. The State Of Bihar

2018-04-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17373 of 2018 Arising Out of PS.Case No. -521 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Rupesh Kumar @ Rupesh Kumar Singh, aged 22 years, Son of Bhagwan Singh, Resident of Village Amari P.S. Sasaram (Muffasil), District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Babu Nandan Prasad For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sasaram (Town) P.S. Case No. 521 of 2017 for the offences punishable under sections 379 and 411 of the I.P.C.

Allegedly, T.V.S. Apachi Motorcycle of the informant was stolen away from his door and the name of the petitioner has come in the disclosure made by Sonu Kumar, Chandan Kumar and Mithilesh Kumar who were arrested and the motorcycle was seized from them.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.17373 of 2018 (2) dt.11-04-2018 2/2 confessional statement of the co-accused made before the police has got no evidentiary value in the eye of law, there is enmity with the three arrested co-accused and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that from the impugned order it reveals that the arrested accused Sonu Kumar, Chandan Kumar and Mithilesh Kumar stated the name of the petitioner that he has given motorcycle to them for sell. In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Rohtas at Sasaram in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T