Patna High CourtCR. MISC./86911/2024bail granted

Rahul Kumar v. The State Of Bihar

2025-01-18Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86911 of 2024 Arising Out of PS. Case No.-251 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Rahul Kumar Son of Binod Chaudhary village- Jadhua Pokhar, Ps- Nagar hajipur, Dist- Vaishali ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2025

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Hajipur Town P.S. Case No. 251 of 2024, disclosing offences under Section 379 of Indian Penal Code.

3. The prosecution case in brief as per First Information Report is that on 09.04.2024 while returning home from Kolkata on tempo with a bag containing Rs. 1,25,000, the petitioner who was sitting beside the informant in the tempo stole bag of the informant and ran away.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of fabricated story and due to dispute between petitioner's maternal uncle and the informant regarding passage in the

Patna High Court CR. MISC. No.86911 of 2024(2) dt.18-01-2025 2/3 nearby village. He submits that the occurrence has taken place on 09.04.2024 but the F.I.R. has been lodged after delay of 02 days on 11.04.2024. The petitioner has got no criminal antecedent. The present FIR has been lodged in order to harass the petitioner.

5. Regards being had to the submission advanced on behalf of the parties and taking into consideration that fact the delay in lodging the FIR and petitioner has no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let petitioner, Rahul Kumar, in the event of his arrest or surrender before the Court below within four weeks, 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 C.J.M, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 251 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Suruchi/- U T

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