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Patna High CourtCR. MISC./56936/2024bail rejected

Rakesh Kumar v. The State Of Bihar

2024-09-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56936 of 2024 Arising Out of PS. Case No.-369 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Rakesh Kumar Son of Karun Yadav @ Karun Prasad Resident of Village - Hasanchak, Bahrawan, P.S. - Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bahadurpur Police Station Case No. 369 of 2022, dated 09.11.2022, disclosing offences under Section 379 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 07.11.2022, in the evening, the informant came to Sandalpur on his motorcycle for attending the funeral of his grand father. He parked his motorcycle, bearing BR31-AN-6926, near the house of Rakesh Kumarpetitioner. After attending the rites, when he came back and looked for his motorcycle, the same was traceless.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.56936 of 2024(2) dt.04-09-2024 2/2 on mere suspicion. He further submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement of one Sanjay Kumar, with whom the petitioner has family dispute.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of offence and the fact that the petitioner has got one criminal antecedent of similar nature, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T