Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65642 of 2022 Arising Out of PS. Case No.-560 Year-2021 Thana- NAWADA District- Nawada ====================================================== Rahul Kumar Soon Of Suresh Yadav R/V- Kumhar Yadav Toli, Near Mahavir Mandir, P.S.- Agamkuan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379 of the Indian Penal Code.
As per FIR, informant parked his motorcycle near the shop of J.M.D. printing press and he went to bring passbook from his shop and after returning he saw that his motorcycle was missing.
Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused Bittu Kumar. He submits that the alleged motorcycle has been recovered from the possession of the
Patna High Court CR. MISC. No.65642 of 2022(2) dt.24-02-2023 2/2 petitioner. He submits that no recovery was made from the house of the petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nawada Town P.S. Case No. 560 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T