Rajan Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82517 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== RAJAN KUMAR @ RANJAN KUMAR S/O BHARAT CHAUHAN @ BHARAT MAHATO R/O VILLAGE- TULACHHAPAR, P.S- GOPALPUR, DISTT.- GOPALGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 511, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have tried to commit theft of motor pump installed on the dam and mobile phone of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.82517 of 2023(2) dt.05-01-2024 2/3 motive. Nothing has been recovered from the possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The name of the petitioner has been dragged in the present case with a view to harass him. No offence under Section 379 is made out against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gopalpur P.S. Case No. 183 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Court below is directed to verify the criminal antecedent of the petitioner before

Patna High Court CR. MISC. No.82517 of 2023(2) dt.05-01-2024 3/3 accepting the bail bond. If it is found that the petitioner is involved in any case prior to the present case, then his bail bond shall not be accepted.

(Anjani Kumar Sharan, J) divyanshi/- U T