Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5858 of 2016 (3) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5858 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Rahul Kumar Son of Sri Mukti Choudhary, resident of VillageNasriganj, Police Station- Danapur, in the district of Patna..... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. B. N. Pandey, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard learned Sr. Counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 242 of 2015 registered for the offence punishable under Sections 414/34 of the Indian Penal Code. Allegedly, Rohit Kumar @ Sanni Kumar was driving the stolen motorcycle and the petitioner was sitting behind him and both were caught by the Police. They disclosed that the said motorcycle was given by other co-accused to sale the same. Submission is of false implication and that co-accused Rohit Kumar @ Sanni Kumar who was driving the motorcycle has already been allowed bail vide Cr. Misc. No. 8873 of 2016 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 04.11.2015 having no criminal

Patna High Court Cr.Misc. No.5858 of 2016 (3) dt.01-04-2016 antecedent to which learned APP is not in a position to distinguish the case of the petitioner from that of co-accused. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 242 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T