Patna High CourtCR. MISC./60289/2017bail granted

Rahul Kumar v. The State Of Bihar

2017-12-20Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.60289 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60289 of 2017 Arising Out of PS.Case No. -204 Year- 2017 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Rahul Kumar, Son of Rajesh Prasad, resident of village- Salempur, Police Station- Sohsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 414/34 of the Indian Penal Code.

Allegation in the FIR is that the petitioner was selling stolen battery to co-accused Sunny Kumar.

Petitioner's counsel submits that he has falsely been implicated in this case. Even as per the allegation the recovery of stolen battery has been made from the house of co-accused Sunny Kumar. Till date no one has claimed the battery to be stolen. Petitioner is in jail custody since 16.09.2017. Prior to the instant case, the petitioner has got no criminal antecedent and the said Sunny Kumar has been allowed bail vide order dated 22.11.2017

Patna High Court Cr.Misc. No.60289 of 2017 (2) dt.20-12-2017 in Cr. Misc. No. 55869 of 2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Sohsarai P.S. Case No. 204 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T