Rakesh Kumar @ Rakesh Paswan @ Mote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89474 of 2024 Arising Out of PS. Case No.-2 Year-2022 Thana- AMAS District- Gaya ====================================================== Rakesh Kumar @ Rakesh Paswan @ Mote S/O Upendra Paswan @ Bhunda Paswan R/O Village- Kamaldah, P.S- Pariya, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 808/24/212/24 arising out of Amas P.S. Case No. 02 of 2022 dated 03.01.2022 registered for the offences punishable u/s 394 of the Indian Penal Code.
3. As per the prosecution case, four unknown miscreants ridden on two motorcycles are alleged to have assaulted the informant and snatched the motorcycle of one Sujeet Kumar and also snatched mobile phone and jacket of the informant on the point of pistol.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.89474 of 2024(2) dt.08-01-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Nitish Kumar. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with S.Tr. No. 808/24/212/22 arising out of Amas P.S. Case No. 02 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T