Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55742 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55742 of 2015 Arising Out of PS.Case No. -136 Year- 2014 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Rahul Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. A.K.Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Rahul Kumar, is in custody in Moffasil P.S. Case No. 136 of 2014 under Sections 364A/34 and 364A of the Indian Penal Code.

Learned counsel for the petitioner submitted that coaccused, Prakash Kumar Jha @ Munna Kumar Jha, confessed before the police and in his confessional statement, he named this petitioner. Learned counsel further submitted that in Cr. Misc. No. 14739 of 2015, said co-accused, Prakash Kumar Jha, has been granted bail by this Court on 28.07.2015. Except the said confessional statement of co-accused, there is nothing against the petitioner. The F.I.R. is against unknown.

Perused the order passed by this Court granting bail to

Patna High Court Cr.Misc. No.55742 of 2015 (2) dt.16-12-2015 the co-accused and the allegation made in the F.I.R. Admittedly, the F.I.R. is against unknown and the co-accused, Prakash Kumar Jha, has already been granted bail by this Court. Considering the fact and circumstances of the case, I direct the petitioner, named above, to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada, in connection with Moffasil P.S. Case No. 136 of 2014.

Brajesh/- (Mungeshwar Sahoo, J.) U