Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17796 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- PIPRAHI District- Sheohar ====================================================== Rahul Kumar Son of Saroj Ram @ Saroj Rai Resident of Village - Banjarahi Dhanhar @ Bajrahi Dhanha, P.S. - Bela, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 08 of 2025 arising out of Piprahi P.S. Case No. 14 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of being involved in commission of loot with the CSP operator. It is alleged that altogether Rs. 84,000/- along with other documents viz. PAN, Aadhar, Bank passbook etc. was looted in the occurrence by the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.17796 of 2025(2) dt.19-03-2025 2/3 against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of the confessional statement of the apprehended co-accused Virendra Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has also not put on Test Identification Parade. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents and is languishing in judicial custody since 12.11.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Virendra Kumar and Sahiyog Kumar @ Sayog Kumar have already been granted bail by this Court vide orders dated 25.04.2024 & 10.05.2024 passed in Cr. Misc. Nos. 31574 of 2024 & 36162 of 2024 respectively. Coaccused Satyendra Kumar has also been granted bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 86858 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The name of the petitioner has transpired in this case
Patna High Court CR. MISC. No.17796 of 2025(2) dt.19-03-2025 3/3 on the basis of the confessional statement of the co-accused Virendra Kumar. The I.O. has submitted charge-sheet against the petitioner under Sections 395, 412, and 120B/34 of the I.P.C. and the petitioner is facing trial in S.T. No. 08 of 2025.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, 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 Sessions Trial No. 08 of 2025 arising out of Piprahi P.S. Case No. 14 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T