Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13254 of 2024 Arising Out of PS. Case No.-412 Year-2023 Thana- GURUA District- Gaya ====================================================== Rahul Kumar, aged about 20 years Male, S/o- Vinay Prasad @ Binay Prasad Village- Gurua PS- Gurua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gurua P.S. Case No.412 of 2023 registered for the offence under Section 392 of the Indian Penal Code.

3. As per the prosecution case, when the informant was returning after collecting the money, in the way four unknown persons on gun point snatched his bag, in which total Rs.32,715/- was kept along with other articles. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case merely on his past antecedent. He next submits that pe-

Patna High Court CR. MISC. No.13254 of 2024(2) dt.11-03-2024 2/3 titioner is not named in the FIR and nothing incriminating article has been recovered either from the possession of the petitioner or his house. Petitioner is in custody since 22.10.2023 and the name of the petitioner came on the basis of his confessional statement before the police. He next submits that similarly situated co-accused has already been granted bail by this Court passed in Cr. Misc. No. 12358 of 2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Gurua P.S. Case No.412 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, DistrictGaya/concerned Court. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.13254 of 2024(2) dt.11-03-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T