Rakesh Kumar @ Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59628 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- PANAPUR District- Saran ====================================================== Rakesh Kumar @ Rakesh Rai Son of Lalan Ray Resident of Village- Totha Jagatpur, Post- Dubauli, P.S- Panapur, District- Saran at Chapra-841410 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Panapur P.S. Case No. 133 of 2024 registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., a search was conducted in the house of Shankar Rai from which two stolen motorcycles were recovered. Petitioner is named in the F.I.R.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has not committed any theft of motorcycle or any tractor nor the

Patna High Court CR. MISC. No.59628 of 2024(2) dt.11-09-2024 2/3 petitioner is connected in any manner with the apprehended coaccused Shakar Rai from whose premises stolen motorcycles were recovered and seized. The name of the petitioner has surfaced in the case on the disclosure made by apprehended coaccused Shankar Rai due to enmity. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the name of the petitioner has surfaced in the case on the disclosure made by the apprehended co-accused Shankar Rai due to enmity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Saran at Chapra in connection with Panapur P.S. Case No. 133 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.59628 of 2024(2) dt.11-09-2024 3/3 3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of (Purnendu Singh, J) mantreshwar/- U T