Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68167 of 2025 Arising Out of PS. Case No.-736 Year-2019 Thana- BIHTA District- Patna ====================================================== Rakesh Kumar S/O Bipat Ray Resident of Village- Krishi Farm Mubarakpur, P.S.- Shahpur, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

3. The case of the prosecution is that when informant returning to home from his shop and reached near Krishna Public School, a Vikram auto chased him and stopped him. Thereafter, 5-6 persons surrounded him and started beating and put a blow of pistol on his head causing head injury. They snatched Rs. 3000/-, a phone, moptorcycle, bag containing Rs. 15,000/- and fled away towards Neora Math.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.68167 of 2025(2) dt.24-09-2025 2/2 connection with the present case. It is further submitted that the FIR was initially lodged against unknown miscreants. It is further submitted that name of the petitioner has subsequently surfaced only on the basis of the confessional statement of coaccused Manish Kumar. Save and except the said confessional statement, there is no material to connect the petitioner with the alleged offence. Moreover, the petitioner is languishing in judicial custody since 13.06.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has one criminal antecedent.

6. Considering the aforesaid 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 Bihta P.S. Case No. 736 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Danapur, Patna.

(Ashok Kumar Pandey, J) Jagdish/- U T