Rahul Kumar @ Karelwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21949 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- BARH District- Patna ====================================================== Rahul Kumar @ Karelwa Son Of Bijender Yadav Resident Of Village - Kajichak, P.S. - Barh, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 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 392 of the Indian Penal Code.
As per FIR, the allegation against three unknown miscreants is that they assaulted the informant and took away his E-rickshaw and fled away.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR nor he was put on TIP. No any stolen material has been recovered from conscious possession of the petitioner rather his name transpired during course of investigation. A
Patna High Court CR. MISC. No.21949 of 2023(2) dt.22-05-2023 2/2 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Amit Prakash has already been granted bail by this Court vide order dated 17.5.2023 passed in Cr. Misc. No. 18552 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 01.01.2023. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 775 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 Additional Chief Judicial Magistrate-I, Barh, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T