Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68169 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Rajan Kumar son of Jay prakash Ram Village- Godiha Ps- Noorsarai DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Noorsarai P.S. Case No. 148 of 2023, registered for the alleged offence under Section 394 of the Indian Penal Code.

03. As per prosecution case, four miscreants robbed the informant and took away from him Rs. 1,23,115/- cash, a Samsung Tablet and certain documents. The name of the petitioner transpired during investigation as one of the robbers.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Except for suspicion, there is no other material against the petitioner, who has been named in this case on the basis of

Patna High Court CR. MISC. No.68169 of 2023(3) dt.29-02-2024 2/3 confessional statement of co-accused, Boby Kumar. Learned counsel further submits that the petitioner has got no criminal history.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail, submitting that the petitioner and other coaccused persons were involved in snatching the money and other articles from the informant.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the lack of substantive material against the petitioner to connect him with the offences as alleged and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Biharsharif, Nalanda/concerned court in connection with Noorsarai P.S. Case No. 148 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.68169 of 2023(3) dt.29-02-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T