Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30402 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Rahul Kumar S/O- Sanjay Das @ Sanjay Kumar Resident of VillageBasghat, P.S.- Chakiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Smt. Veena Rani Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Pipra P.S. Case No. 135 of 2020, registered for the offence under Section 392, 307 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, four miscreants on two motorcycles entered in the C.S.P. of S.B.I. near Bakhari Bazar and looted away Rs. 40,000/- (forth thousand) cash, one Laptop, mobile phones and some documents.

Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused Mani Kumar @ Mani Singh. No incriminating article has been recovered from conscious possession of the petitioner. Till date, petitioner has not been put on T.I.P. and he is in custody since 24.12.2020.

Patna High Court CR. MISC. No.30402 of 2021(2) dt.21-08-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 135 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T