Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4896 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== RAKESH KUMAR Son of - Mahesh Singh, Resident of Village - Khanwan, P.S. - Narhat, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2020 Heard the parties.

The petitioner seeks bail in Kiul Rail P.S. Case No.53 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code.However, charges have been framed under Section 395/412 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of train dacoity. Submission of learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and his name has been transpired on the confessional statement of co-accused Bikram Kumar. The petitioner is in custody since 16.07.2019. Further submission is that nothing has been recovered from the conscious possession of the petitioner and he has not been put on T.I.Parade. It is submitted that the co-accused Bikram Kumar

Patna High Court CR. MISC. No.4896 of 2020(2) dt.29-01-2020 2/2 has been granted bail by a Coordinate Bench of this case vide order dated 18.12.2019 passed in Cr.Misc.No.82090 of 2019 Heard learned Addl. Public Prosecutor, who has opposed the prayer for bail on the ground that the petitioner is also accused in similar type of cases.

Be that as it may, considering the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions JudgeIII, Lakhisarai in Sessions Trial No.153 of 2019, arising out of Kiul Rail P.S. Case No.53 of 2019 with condition that the petitioner shall appear before the Rail Police Station, Kiul in the second week of each month for a period of six months. Let a copy of this order be sent to the Kiul Rail Police, Lakhisarai, Jamalpur.

(Vinod Kumar Sinha, J) nawalkrs/- U T