Bhavesh Kumar Choudhary @ Rahul Kumar @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19080 of 2019 Arising Out of PS. Case No.-399 Year-2018 Thana- CHANDI District- Nalanda ====================================================== Bhavesh Kumar Choudhary @ Rahul Kumar @ Rakesh Kumar S/o Shankar Choudhary Resident of Village - Barauni, P.S.- Teghara, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 14.12.2018 in a case registered for the offences punishable under Sections 406 and 392 of the I.P.C.
The prosecution case as per the written report of Santosh Kumar, being the State Manager of C.Dot Company submitted to the SHO, Chandi Police Station is to the effect that on 11.12.2018, the Branch Manager, Sudhir Kumar and Loan Officer, Nitish Kumar were returning after collecting the loan amount. On the way, they were robbed by three persons on gun point of cash amount of Rs.1,84,410/- and mobile phone and the miscreants escaped from the scene. It is alleged that subsequently, one of the accused person was identified as coaccused Lalu Kumar @ Lalu Yadav by the Branch Manager,
Patna High Court CR. MISC. No.19080 of 2019(2) dt.02-04-2019 2/3 Sudhir Kumar. It is further alleged that the name of the petitioner sprang up during investigation on the confessional statement of co-accused Lalu Kumar @ Lalu Yadav. It is submitted by learned counsel for the petitioner that no recovery has been made from the conscious physical possession of the petitioner, except a mobile phone, which belongs to him only. It is further submitted that investigation has already been concluded and till date, the petitioner has not been put on T.I. Parade. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the name of the petitioner sprang up on the confessional statement of co-accused, Lalu Kumar @ Lalu Yadav.
Considering the fact that the name of the petitioner sprang up on the confessional statement of co-accused, Lalu Kumar @ Lalu Yadav, investigation already being concluded and the petitioner not being put on T.I. Parade till date, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, 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, Hilsa
Patna High Court CR. MISC. No.19080 of 2019(2) dt.02-04-2019 3/3 (Nalanda) in connection with Chandi P.S. Case No.399 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T