Patna High CourtCR. MISC./11030/2019bail granted

Rahul Kumar v. The State Of Bihar

2019-02-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11030 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== RAHUL KUMAR Son of Lalbahadur Singh Resident of VillageMahabirganj, P.S.- Kochas (Parsathua), District- Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 3.12.2018 in a case registered for the offences punishable under Sections 379 and 411 of the I.P.C.

The prosecution case is that on a secret information received by the informant Prabhakar Kumar Jha, ASI of Parsathua O.P., Rohtas that three accused persons are travelling on a motorcycle, the motorcycle was intercepted. However, on suspicion, the accused persons including the petitioner was apprehended. The petitioner disclosed the name of the person who escaped from the spot as Mannu Kumar.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession petitioner and the alleged motorcycle has been found registered in the name of co-accused Mannu Kumar.

Patna High Court Cr.Misc. No.11030 of 2019(2) dt.25-02-2019 2/2 Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR and the motorcycle was recovered from the petitioner and on being asked he could not produce the paper. Considering the nature of accusation, statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I, Sasaram in connection with Kochas P.S. Case No.209 of 2018. (Dinesh Kumar Singh, J) anil/- U