Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6441 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- AKHODHIGOLA District- Rohtas ====================================================== Rahul Kumar Son of Late Uma Shankar Sah Resident of Vill- Bansa, P.S.- Sasaram (M), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Akorhigola P.S. Case No. 144 of 2024 registered for the alleged offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, two miscreants came on an auto and snatched the mobile phone of the informant at gun point. The name of the petitioner transpired during investigation as one of the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case on the basis of

Patna High Court CR. MISC. No.6441 of 2025(2) dt.19-02-2025 2/3 his confessional statement but no recovery has been made from this petitioner of any incriminating article. The petitioner was not put to any Test Identification Parade. The petitioner is in custody since 17.10.2024 and charge sheet has been submitted. The petitioner is having antecedent of four cases.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the young age of the petitioner and also considering the fact that no recovery has been shown from him and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram/concerned Court in connection with Akorhigola P.S. Case No. 144 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present

Patna High Court CR. MISC. No.6441 of 2025(2) dt.19-02-2025 3/3 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T