Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70170 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== Tinku Kumar Son of Sri Mukesh Kumar Singh R/O Raghopur Purvi, P.S. - Juravanpur, Dist. - Vaishali.

... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2023 Heard Mr. Shailendra Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Akbar Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Raghopur P.S. Case No.225 of 2022 dated 13.07.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per the allegation made in the FIR, a sum of Rs. 71465/- along with other items were looted from the informant.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent. Two accused persons, who were apprehended, in course of investigation had taken name of the petitioner in the police custody that he was also involved in the alleged loot. No recovery has been made from the possession of the petitioner. The Tab, which has been

Patna High Court CR. MISC. No.70170 of 2023(2) dt.01-11-2023 2/2 recovered from the house of the petitioner, belongs to the petitioner. He further submits that petitioner is ready to furnish purchase receipt/tax invoice of the said Tab at the time of furnishing his bail bond. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the FIR being lodged against unknown persons, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Vaishali, Hajipur in connection with Raghopur P.S. Case No.225 of 2022 dated 13.07.2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T