Rajiv Kumar @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66098 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Rajiv Kumar @ Rajeev Kumar Son of Saini Pandit R/O Vill- Bithan, Ward no.1, P.S.- Bithan, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Bithan P.S. Case No. 52 of 2024 for the offences punishable under Section 392 of the Indian Penal Code and subsequently Section 411 of the IPC was added.

3. As per allegation, while the informant along with his brother was going by his motorcycle, in the way, some unknown persons having stopped, started assaulting them and snatched his motorcycle, cash, mobile and golden chakti.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that he was not arrested at the spot. His name has figured in confessional statement of coaccused which has no evidentiary value. As a matter of fact, the

Patna High Court CR. MISC. No.66098 of 2024(2) dt.24-09-2024 2/2 petitioner is a bonafide purchaser of the motorcycle without knowledge that the motorcycle was a stolen property. The petitioner is a person of clean antecedent and is under custody since 18.06.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Rosera Samastipur in connection with Bithan P.S. Case No. 52 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T