Rajesh Kumar @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59906 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Rajesh Kumar @ Rakesh Kumar S/O- Late Bhuneshwar Choudhary VillageNirmanimath Ps- Hulasganj Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Hulasganj P.S Case No. 79 of 2023 dated 04.05.2023 registered for the offence punishable u/s 406, 420, 467 and 468/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 04.05.2023 at about 8:00 am, the informant has got a secret information regarding selling the receipt of sand on more price by making forged and fabricated challan, and for verification, the informant along with police personnel reached on the spot, during the course of inspection, several illegal challan with respect of sand was found and subsequently, the receipts of Bhagwan Enterprises Cluster 52, computer set, printer, Redmi mobile, 10 sim cards, 12 Aadhaar Cards etc. were seized.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.59906 of 2023(3) dt.14-12-2023 2/2 the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is quite innocent and has committed no offence as alleged. The petitioner has been made accused in this case only on the basis of confessional statement of co-accused, Rohit Kumar. The petitioner has no concern with the said offence.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad, in connection with Hulasganj P.S. Case No. 79 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T