Rahul Kumar @ Brand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12108 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Rahul Kumar @ Brand Son of Bhim Yadav Resident of Village- Delha, Police Station- Delha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Aryan Singh, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chakand P.S. Case No. 281 of 2023 instituted for the offence under Sections 395 & 397 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that when the informant was coming to Patna on his truck loaded with 59 items related to AC from Kolkata, four unknown miscreants tried to steal the truck and stabbed the informant on his chest. It is further alleged that one of the co-accused sat on the truck and went to one Cement godown near Delha, where all started unloading the items from the truck in question. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-08-2023. Petitioner is

Patna High Court CR. MISC. No.12108 of 2024(2) dt.27-02-2024 2/2 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has been dragged in this case only because he was sitting outside the cement godown on his bike. No T.I. parade has been conducted in this case. Other co-accused has been granted bail by the lower Court itself. Charge sheet has been submitted in this case.

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 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 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakand P.S. Case No. 281 of 2023.

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