Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58526 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== 1.

RAKESH KUMAR S/o Late Nageshwar Prasad Resident of VillageKhidarchak, P.S.- Bhagan Bigha (Rahui), District- Nalanda 2.

MANISH KUMAR S/o Late Biresh Prasad @ Biresh Yadav Resident of village- Pariauna, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek regular bail in connection with S.Tr. No. 685 of 2021 in connection with Noorsarai P.S. Case No. 143 of 2021 (GR no. 2513 of 2021) registered for the offences punishable under Sections 394, 395, 397 and 412 of the Indian Penal Code.

The case of the prosecution, according to the informant, is that in the night of 06.05.2021 at about 11:45 P.M., three unknown miscreants had entered the house of the informant and had made

Patna High Court CR. MISC. No.58526 of 2022(3) dt.18-01-2023 2/3 the informant captive, whereafter they had decamped with LED TV., Rs. 20,000/- (Twenty thousand) cash amount, mobile phones, etc.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and the petitioner no. 1 is languishing in custody since 15.07.2021, whereas the petitioner no. 2 is languishing in custody since 02.06.2021. It is further submitted that though the petitioners are accused in 9 other cases but they are on bail in all the said cases.

I have heard the learned counsel for the parties and gone through the materials on record as also the impugned order dated 11.08.2021, wherein it has been mentioned that the complicity of the petitioners in the alleged occurrence is apparent from the records of the case and upon the petitioner no. 2 having disclosed the place where the looted articles had been kept, 1 LED TV., cash amount and other articles were recovered, apart from the fact that the petitioners appear to

Patna High Court CR. MISC. No.58526 of 2022(3) dt.18-01-2023 3/3 be veteran criminals inasmuch as they are accused in 9 other cases, hence, I am not inclined to grant bail to the petitioner, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T