Rahul Kumar @ Mod @ Mor @ Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16839 of 2023 Arising Out of PS. Case No.-418 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== RAHUL KUMAR @ MOD @ MOR @ RAHUL RAJ Son of Sri Munna Kumar @ Munna Yadav R/o Mohalla- Durga Charan Lane, P.S- Alamganj, Dist- Patna (City) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Buddha Colony P.S. Case No. 418 of 2022 dated 02.09.2022 registered for the offences punishable u/s 394 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants fired on the informant's father and took away his bag containing a Lunch box and some important documents.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.16839 of 2023(2) dt.11-05-2023 2/2 The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Gopi Thakur. No T.I.P has been conducted by the prosecution. There is no eye witness of the alleged occurrence. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.10.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Buddha Colony P.S. Case No. 418 of 2022, with the condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T