Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32457 of 2021 Arising Out of PS. Case No.-526 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== Rahul Kumar, Son of Sri Ramesh Ram @ Ramesh Prasad Resident of Village - Saidpur Nand Nagar Colony, P.S.- Bahadurpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Prasad, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 01.12.2020 seeks bail in connection with Agamkuan P.S. Case No.526/2020 registered for the offence punishable under Section 394 IPC. Prosecution case in brief, is that the accused persons after brutally injuring the guard, deputed on the duty, entered into the office of Rishav Automobile Private Limited and after forcefully taking key from the cashier took away Rs.7,48,600/- from the drawer of the said office.

Patna High Court CR. MISC. No.32457 of 2021(3) dt.19-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that since petitioner was made accused in Agamkuan P.S. Case No.581/2020, he has been roped in the present case only on suspicion. He further submits that petitioner is not named in the FIR and petitioner has not put on TIP till today. Learned counsel for the petitioner further submits that Rs.60,500/- has been recovered from the house of the petitioner, which is says that the same is the daily earning of his father who is a cloth merchant.

Learned APP for the State vehemently opposes the prayer for grant of bail to the petitioner.

Considering the above-mentioned facts and circumstances of the case and rival submission of the parties, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Agamkuan P.S. Case No.526/2020, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.32457 of 2021(3) dt.19-01-2022 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T