Rakesh Kumar @ Rakesh Yadav v. The State of Bihar Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Praveen Kumar, Adv. Mr.Shyameshwar Dayal, APP 2 28-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 457, 380/34 of the IPC.

Allegation against the petitioner is that he along with other co-accused persons committed theft in the house of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No incriminating article has been recovered from the conscious physical possession of the Patna High Court CR. MISC. No.53143 of 2024(2) dt.28-08-2024 petitioner. There is no eye witness of the alleged theft committed by the petitioner and there is no allegation against him to tamper the witnesses. He has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Lodipur P.S. Case No.220 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. pallavi/- U T (Anjani Kumar Sharan, J)