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Rakesh Kumar @ Rakesh Yadav v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./53143/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a theft and house-trespass case under Sections 457, 380/34 IPC. The court noted general allegations, no recovery from the petitioner, one criminal antecedent, and granted pre-arrest bail with conditions under Section 438(2) Cr.P.C.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Rakesh Kumar @ Rakesh Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53143 of 2024

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Arising Out of PS. Case No.-220 Year-2023 Thana- LODIPUR District- Bhagalpur

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======================================================

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Rakesh Kumar @ Rakesh Yadav Son of Ramdas Yadav Resident of VillNayatola, P.S.- Lodipur, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Adv. For the Opposite Party/s : Mr.Shyameshwar Dayal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 28-08-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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

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

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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

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Patna High Court CR. MISC. No.53143 of 2024(2) dt.28-08-2024 2/2

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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.

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Learned APP for the State opposed the prayer for bail.

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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.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Rakesh Kumar @ Rakesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar @ Rakesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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