Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2996 of 2022 Arising Out of PS. Case No.-18 Year-2021 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== Rahul Kumar, Son Of Arun Kumar Mandal @ Arun Kumar, Resident Of Village- Kala Mandal Tola, Bariarpur, P.S.- Bariarpur, District- Munger. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 27.10.2021, charge-sheet has been submitted in this case and has antecedent of two cases. The learned counsel for the petitioner submits that the informant alleges that while he was travelling by train, some unknown miscreants snatched his mobile and when he tried to apprehend the accused, his associates assaulted him and even threw stone on the train. Further after reaching the destination,

Patna High Court CR. MISC. No.2996 of 2022(2) dt.26-05-2022 2/3 he came to know that one co-passenger was also looted. The learned counsel for the petitioner submits that the F.I.R. was against unknown. The name of this petitioner transpired in the confessional statement of co-accused Himanshu Kumar @ Chhotu. The learned counsel further submits that during the course of investigation, the looted mobile was recovered from the possession of Naresh Mandal, who disclosed that the said mobile was purchased by his son Sadan Mandal, who died subsequently, from the petitioner. The learned counsel submits that at best the allegation against this petitioner is that he had sold the mobile to Sadan Mandal, but then Sadan Mandal is not alive to disclose whether he had purchased the mobile from this petitioner or he had participated in the occurrence. It is next submitted that it is the father of Sadan Mandal, who has given an explanation in order to save his own skin.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case, his name came in the confessional statement of co-accused and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be

Patna High Court CR. MISC. No.2996 of 2022(2) dt.26-05-2022 3/3 released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G.R.P. Jamalpur P. S. Case No.18 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T