Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4465 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Rahul Kumar Son of Sudama Yadav Resident of Village- Barni, P.S.- Kasar, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Ranjan, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kawakole P.S. Case No. 140 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in snatching the motorcycle and mobile phone from the Informant on the point of gun.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to highhandedness of the police officials. The petitioner is

Patna High Court CR. MISC. No.4465 of 2025(2) dt.04-02-2025 2/3 not named in the F.I.R. as the same was instituted against unknown and his name has transpired in this case during investigation on the basis of confessional statement of coaccused recorded in Nawada Sikandra P.S. Case No. 168 of 2024 before the police which has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Till date, no Test Identification Parade has been conducted in this case and, except suspicion, there is nothing against the petitioner. There is no eye-witness to the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and, in both of them, he is on bail and is languishing in judicial custody since 20.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.4465 of 2025(2) dt.04-02-2025 3/3 below/concerned Court in connection with Kawakole P.S. Case No. 140 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T