Rakesh @ Rakesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61552 of 2022 Arising Out of PS. Case No.-386 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== RAKESH @ RAKESH SAO Son of Fulchand Resident of Village - Singerpur, P.S.- Meruni, District - Lalitpur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 411, 413, 414, 34 of the Indian Penal Code.

As per the prosecution story, at the instance of juvenile accused Hemi Singh Bahelia, the police party apprehended the accused petitioner during course of raid and from his possession, recovered Rs. 25,000/- of cash, mobile phones and other articles. Further, it is alleged that the accused petitioner was made temporary huts and committed offence of theft through the children.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.61552 of 2022(2) dt.08-02-2023 2/2 falsely been implicated in this present case. It is further submitted that during course of investigation of another case of Wazirganj P.S. Case No. 385 of 2022, this petitioner was apprehended and he has no concerned with that case. There is no any evidence to show that the alleged recovered articles are stolen properties. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 3.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 386 of 2022 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., 1st Class, Gaya. (Sunil Kumar Panwar, J) amandeep/- U T