Patna High CourtCR. MISC./2645/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-04-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2645 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rahul Kumar S/O Atal Bihari Singh Resident of Village- Mahuari, P.SAkodhigola, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2025 Heard Mr. Raj Shekhar, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Sasaram P.S. Case No. 405 of 2024 for the offence punishable under Section 309(6) of Bharatiya Nyay Sanhita, 2023 lodged on 14.09.2024 by the informant, Avinash Kumar Singh.

3. As per the prosecution story, the informant alleged that he was driving the motorcycle, the accused persons intercepted, resorted to stabbing and forcefully snatched golden locket from his neck. They later, escaped which followed the FIR.

4. During the investigation, the name of the petitioner cropped up and this led him to the judicial custody.

Patna High Court CR. MISC. No.2645 of 2025(4) dt.19-04-2025 2/3

5. Learned counsel for the petitioner submits that he has no role to play, has no criminal antecedent, student and only to implicate, the name has been incorporated. Further, nothing has been recovered from his conscious possession and if granted bail, he shall be diligently appearing in trial and shall not indulge in any criminal activity.

6. Learned APP opposes the prayer stating that his name has come in the confessional statement.

7. Considering the submissions of the parties as also the aforesaid facts and further he has no criminal antecedent and nothing has been recovered from his conscious possession, an undertaking has been given that he shall not indulged in any criminal activity, in that background, this Court is inclined to extend him the privilege of bail with conditions.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram P.S. Case No. 405 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

Patna High Court CR. MISC. No.2645 of 2025(4) dt.19-04-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T