Rikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75536 of 2024 Arising Out of PS. Case No.-695 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rikesh Kumar, S/O Baleswar Mahto @ Baleshwar Mahto, R/O VillageBagwara (Bagbara), (Laruara) P.S - Singhaul (Singhoul), District Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-10-2024 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with Begusarai Muffasil P.S. Case No. 695 of 2023 dated 26.11.2023 registered for the offence punishable under Section 392 of the Indian Penal Code (in short 'IPC') and later on, Section 411 of IPC was added.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR, in fact the FIR has been registered against 3-4 unknown persons and during investigation, the name of the petitioner surfaced in the confessional statement of co-accused Raj Kumar. It is
Patna High Court CR. MISC. No.75536 of 2024(2) dt.25-10-2024 2/3 further submitted that from the FIR it is clear that the informant claims to identify the miscreants but till date, no Test Identification Parade has been held against the petitioner. It is further submitted that no any incriminating material has been recovered from the conscious possession of the petitioner and the snatched motorcycle (Glamour) was recovered from the house of co-accused Raj Kumar. It is further submitted that the petitioner has fair and clean antecedent and several co-accused persons, namely, Suvin Kumar @ Subeen Paswan, Rajiv Kumar @ Rajiv Kumar Sah, Raj Kumar @ Raj Kumar Paswan and Guddu Kumar have been granted bail by different benches of this Court vide orders passed in Cr. Misc. Nos. 12337/2024, 18282/2024, 26650/2024 and 60025/2024 respectively.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the facts and circumstances of this case as well as above submissions coupled with petitioner's fair and clean antecedent, and also, the privilege of bail having been granted to several co-accused persons mentioned above, this Court is inclined to grant the relief of regular bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/-(Twenty
Patna High Court CR. MISC. No.75536 of 2024(2) dt.25-10-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Begusarai Muffasil P.S. Case No. 695 of 2023. (Shailendra Singh, J) annu/- U T