Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72656 of 2024 Arising Out of PS. Case No.-419 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rakesh Kumar Son of Late Ram Kailash Chaudhary Village- Hajipur Station Road Near Sobha Iron Hardware, Ps- Town hajipur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nidhi Anand, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 419 of 2024 lodged on 25.06.2024, for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 2 unknown persons against whom there is allegation that they have looted articles of Hindustan Lever Company Ltd. and Rs.3,10,000 along with one mobile phone.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that it is a unique case and unique type of investigation has been done by the police in which the informant (petitioner)
Patna High Court CR. MISC. No.72656 of 2024(4) dt.17-01-2025 2/3 of this case has been made accused. Counsel further submits that the petitioner is employee working for Hindustan Lever Company Ltd. and for the said robbery, he has filed the FIR, but police has inserted petitioner's name in this case. Counsel submits that nothing has been recovered from the petitioner's possession. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 23.07.2024. Counsel submits that one of the accused has been granted bail by this Court vide order dated 01.10.2024 passed in Cr. Misc. No.68148 of 2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that during investigation, name of the petitioner has come in this case by virtue of the confessional statement of the co-accused. Counsel further submits that it is true that from petitioner's possession, nothing has been recovered, but it is also true that the co-accused has disclosed that every such planning of robbery has been made by the petitioner himself. Counsel submits that report with regard to the present stage of trial has been called for and from the said report, it transpires that Trial Court has stated that within six months, trial is likely to be concluded.
6. In the present facts and circumstances, this Court is
Patna High Court CR. MISC. No.72656 of 2024(4) dt.17-01-2025 3/3 not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected with liberty that in case, trial shall not be concluded within six months from today, then petitioner may renew his prayer for bail.
(Dr. Anshuman, J) Divyansh/- U