Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14479 of 2021 Arising Out of PS. Case No.-1488 Year-2019 Thana- NAWADA District- Nawada ====================================================== RAHUL KUMAR Son of Ganesh Manjhi Resident of Village - Linepar Mirzapur, Musahari, P.S.- Nagar, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Khurshid Anwar, learned counsel appearing for the State through video conferencing. The present bail application has been filed for grant of regular bail to the petitioner in connection with Nawada Nagar P.S. Case No. 1488 of 2019 registered for the offence under Section 395 / 397 of the I.P.C.
This is 2nd attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide Cr. Misc. No. 26844 of 2020 with liberty to the petitioner to renew his prayer for bail after three months.
The prosecution case as per the F.I.R. is that while the informant was going towards his residence on motorcycle he
Patna High Court CR. MISC. No.14479 of 2021(2) dt.28-07-2021 2/3 was accosted by 5-6 unknown persons who assaulted the informant on head and snatched Rs. 40,000 /-, mobile phone, driving license, gold chain etc. from the informant. The name of the petitioner has transpired on the basis of the confessional statement of the co-accused Shera Kumar Manjhi and the petitioner is in custody since 3.2.2020 and no incriminating material and / or looted amount has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. Parade.
Regard being had to the submissions made by the parties and taking into consideration the fact that petitioner is in custody since 3.2.2020, charge sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail and this is second attempt for bail by the petitioner, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Nagar P.S. Case No. 1488 of 2019. It is made clear that at the time of furnishing bail bond
Patna High Court CR. MISC. No.14479 of 2021(2) dt.28-07-2021 3/3 all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T