Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62617 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RAKESH KUMAR Son of Ram Prasad Rai Resident of Village- Dabhaich, P.S.- Tisuauta, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.06.2019 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

It is alleged that the informant being, the driver of a pickup van, was traveling towards Begusarai, after loading goods of Patanjali from Kunda, but on the way, 3-4 unknown miscreants snatched his mobile phone, ATM card, etc. and fled away from the place of occurrence on the pickup van of the informant, leading to registration of FIR against unknown. The name of the petitioner sprang up, when he made confession in Mahua P.S. Case No.209 of 2019 and thereafter, he has been remanded in the present case.

Patna High Court CR. MISC. No.62617 of 2019(2) dt.25-10-2019 2/2 It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. Moreover, neither any recovery has been made from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade and the investigation has already been conduced. It is further submitted that the petitioner is accused in one other case. Learned APP for the State submits that the petitioner has confessed his guilt.

Considering the fact that neither any recovery has been made from the conscious physical possession of the petitioner nor the petitioner has been put on the Test Identification Parade and the investigation already being concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Mahua P.S. Case No. 137 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T