Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21137 of 2022 Arising Out of PS. Case No.-314 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== RAHUL KUMAR, Son of Ram Pravesh Patel, R/O Vill.- Chainpur Baghel, P.S.- Desari (Sahdei O.P.), Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar, Advocate Mr.Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mahnar P.S. Case No. 314 of 2020 registered for the offence punishable under Section 356, 379, 34 of the Indian Penal Code. The prosecution case alleges that motorcycle borne miscreants had snatched a bag containing Rs.1,40,000/- (One lakh forty thousand rupees) and some documents from the informant. Learned counsel for the petitioner submits that petitioner is not named in the FIR. Upon his arrest in Desari P.S. Case No. 383 of 2020, his confessional statement was recorded, based on which he has been implicated in this case. He is in custody in connection with this case since 29.01.2021 and his implication has led to no recovery. Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, the nature of

Patna High Court CR. MISC. No.21137 of 2022(3) dt.02-01-2023 2/2 implication, the fact that the same has led to no recovery, as also investigation being completed and the period of custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. 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 C.J.M., Vaishali at Hajipur ,in connection with Mahnar P.S. Case No. 314 of 2020, subject to the following 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 bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) shashank/- U T