Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55851 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Rakesh Kumar S/o Umesh Sah Village- Ghataro, Chaturbhuj, PS- Kartahan, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kartahan P.S Case No. 17 of 2025 for the offence registered under sections 331(4) and 305 of B.N.S lodged on 16.01.2025 by the informant, Ranjeet Singh.
3. As per the prosecution story, the informant alleged that he had gone to Patna for treatment of his wife but later, he was informed that unknown persons have committed theft in his house and have taken away valuables worth Rs. 5,00,000/- besides cash of Rs. 15,000/-. This led to the FIR.
4. Learned counsel for the petitioner submits that he runs a jewellery shop with the name of Anushka Jewellers. A person came, in need of money, sold the brass plate which turned out to be stolen one, he got implicated. Further, his name has come in the confessional statement of Ranjan Kumar who
Patna High Court CR. MISC. No.55851 of 2025(3) dt.10-12-2025 2/3 also gave another name of Dhananjay Kumar. The said Dhananjay Kumar has been extended relief in Cr. Misc No. 40956 of 2025 by a Co-ordinate Bench.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that on the confession, the said brass plate was recovered from the jewellery shop of this petitioner.
6. Considering the submissions of the parties as also the alibi taken by the petitioner that it was sold to him and has no knowledge that the same is the theft item, one of the coaccused against whom also confessional statement was made, as recorded above, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Kartahan P.S Case No. 17 of 2025, subject to the following conditions.
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.55851 of 2025(3) dt.10-12-2025 3/3 members/relatives of the petitioner, who shall provide official document to show his bona fide.
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the court.
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) vashudha/- U T