Rajesh Singh @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8927 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- AGRER District- Rohtas ====================================================== Rajesh Singh @ Rajesh Yadav S/O NATHUNI SINGH VILLAGERAMPUR, PS. KARGAHAR, DIST. ROHTAS (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Jai Prakash Singh, learned counsel appearing on behalf of the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Agrer P.S. Case No. 61 of 2023 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the tractor of the informant bearing registration no. BR24G6285 which was parked near Kali Mandir in village Diliyan was stolen away by some unknown persons.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and his name has surfaced in the case on the basis of confessional statement of one Munna Kumar. The petitioner has neither any concern with the stolen tractor nor any association with said Munna Kumar in commission of the offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.8927 of 2024(2) dt.20-02-2024 2/2 Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. which is against unknown and the name of the petitioner has surfaced in the case on the basis of confessional statement made by one Munna Kumar, which has no evidentiary value in the eye of law, which has been recorded in the police custody, the petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Rohtas, Sasaram in connection with Agrer P.S. Case No. 61 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) mantreshwar/- U T