Patna High CourtCR. MISC./75514/2023allowed

Raja Kumar @ Gopal Kumar v. The State Of Bihar

2023-12-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75514 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- BITHAN District- Samastipur ====================================================== RAJA KUMAR @ GOPAL KUMAR SON OF AVADHESH KUMAR YADAV RESIDENT OF VILLAGE - KHAIRAKOT, P.S. - BITHAN, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Bithan P.S. Case No. 33 of 2023 registered for the offence under sections 356, 379 of the Indian Penal Code to which sections 411 and 34 of the Indian Penal Code was added later on. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case merely on basis of the confessional statement of the coaccused. Except confession of the co-accused, there is no material against this petitioner. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has

Patna High Court CR. MISC. No.75514 of 2023(2) dt.01-12-2023 2/2 no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing personal bond to the satisfaction of Judicial Magistrate, 1st Class, Rosra, Samastipur in connection with Bithan P.S. Case No. 33 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) mcv/- U T