Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8598 of 2025 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Rahul Kumar Son of Gorelal Rai @ Dharmendra Kumar Village -Naya tola Simri Bariyarpur PS- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023 instituted for the offence under Section 395 of the Indian Penal Code (IPC). Later on Section 412 of the IPC was also added.

3.

As per prosecution case, the informant is the Area Manager of Ashirvad Micro Finance Ltd. And he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, Cash of Rs. 2,11,245/- and other articles.

Patna High Court CR. MISC. No.8598 of 2025(2) dt.07-02-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, and the same has no evidentiary value in the eye law. No incriminating article has been recovered from the conscious possession of the petitioner. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 08-04-2024, passed in Cr. Misc. No. 25592 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.8598 of 2025(2) dt.07-02-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. Case No. 531 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T