Rahul Kumar @ Rahul Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13717 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Rahul Kumar @ Rahul Ram S/O Binod Ram R/O Village- Maharajganj, Ward No 19, P.S.- Town, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chaitanya Krishna For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 468/22 u/s 461 and 379 of the Indian Penal Code.

As per prosecution case, informant alleged that some after breaking lock of his shop four mobiles, one tablet, 10 pcs silver coins cash of total 60,9715/- and other articles looted by some unknown miscreants. After that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.13717 of 2023(2) dt.05-05-2023 2/2 confessional statement of co-accused, namely, Shambhu Paswan. The petitioner is not named in the FIR nor he was put on TIP. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C.. This case is triable by judicial Magistrate. The petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 10.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar P.S. Case No. 468 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani. (Sunil Kumar Panwar, J) Manish/- U T