Patna High CourtCR. MISC./27095/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-04-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27095 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rahul Kumar Son of Bhushan Yadav @ Mushan Yadav @ Muneshwar Yadav Resident of Village- Teldih, P.S.- Ariyari, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rizwanul Haque For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shekhpura P.S. Case No. 481 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown persons snatched the motorcycle's key of the informant and took mobile phone, cash of Rs. 2,000/- thereafter fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of suspicion.

Patna High Court CR. MISC. No.27095 of 2024(2) dt.09-04-2024 2/2 The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 10.01.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shekhpura P.S. Case No. 481 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T