Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70542 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- CHARPOKHARI District- Bhojpur ====================================================== Rahul Kumar S/oGanesh Prasad R/o Village-Charpokhari,P.S. Charpokhari,Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Charpokhari P.S. Case No. 84 of 2017, registered for the offence punishable under Section 394 of the Indian Penal Code.

The allegation is regarding unknown accused persons having apprehended the informant while he was travelling on his motor-cycle and thereafter, the motorcycle of the informant was taken away.

The learned counsel for the petitioner submits that the petitioner is innocent, no recovery has been made and in fact, after the petitioner was apprehended in connection with Charpokhari P.S. Case No. 176 of 2017, he has been falsely

Patna High Court Cr.Misc. No.70542 of 2018(2) dt.12-12-2018 2/2 implicated in the present case as well as remanded in two other cases along with the present case. It is further submitted that the petitioner has been granted bail in other three cases. Lastly, it is submitted that no Test Identification Parade has been conducted, hence, the alleged complicity of the petitioner is doubtful. The petitioner is stated to be languishing in custody since 16.11.2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 84 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T