Rahul Kumar @ Rahul Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40935 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -ISHAKCHAK District- BHAGALPUR ======================================================
1. Rahul Kumar @ Rahul Kumar Thakur, Son of Ramesh Thakur @ Suresh Thakur, resident of Ishakchak Vyayamshala P.S- Ishakchak, and DistrictBhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madan Mohan For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Ishachak Police Station Case No. 61 of 2018, disclosing offences under Sections 413, 414 and 34 of the Indian Penal Code.
Allegation as per F.I.R. is that police apprehended one Sanjay Yadav and he disclosed the name of petitioner and others that they were involved in theft of motorcycle and are involved in the sale and purchase of the said motorcyles. Submission of learned counsel for the petitioner that he has falsely been made accused in this case and nothing has been recovered either from the house of the petitioner or from his possession and he has no criminal antecedent. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.40935 of 2018 (2) dt.16-07-2018 2/2 let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate -Bhagalpur, in connection with Ishachak Police Station Case No. 61 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
I.
One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.
II.
The petitioners shall cooperate in the investigation and make himself available as and when required by the police and on the event on failure of his part to appear before the police on two consecutive dates, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T