Patna High CourtCR. MISC./9798/2025bail granted

Rahul Kumar @ Rahul Raut v. The State Of Bihar

2025-04-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9798 of 2025 Arising Out of PS. Case No.-170 Year-2024 Thana- AMNAUR District- Saran ====================================================== Rahul Kumar @ Rahul Raut S/O Late Kashi Nath Mahto @ Late Kashi Raut R/O Village- Tarwar, P.S- Bheldi,Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 875/2024 arising out of Amnapur P.S. Case No. 170 of 2024 dated 06.06.2024 registered for the offences punishable u/ss 399, 402, 120B of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on seeing police, five miscreants holding arms are alleged to have started to flee away but three miscreants were apprehended who disclosed their name as Pintu Kumar, Manish Kumar and Janu Kumar. The apprehended persons also disclosed the name of the petitioner

Patna High Court CR. MISC. No.9798 of 2025(2) dt.15-04-2025 2/3 and other accused person who fled away from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case only on the basis of the confessional statement of the co-accused persons. It is further submitted that the petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by a Coordinate Bench of this court vide order dated 10.09.2024 passed in Cr. Misc. No. 63291/2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with S. Tr. No.

Patna High Court CR. MISC. No.9798 of 2025(2) dt.15-04-2025 3/3 875/2024 arising out of Amnaur P.S. Case No. 170 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T