Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25810 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- DINARA District- Rohtas ====================================================== RAHUL KUMAR S/O SANJAY SINGH @ SANJAY CHANDRAVANSI Resident of Paswan Mohalla, Ward No. 11, Nokha Bazar, P.S.- Nokha, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Dinara P.S. Case No. 157/2021 registered for the offences punishable under Sections 392 of the Indian Penal Code, later on added under Section 395 of the I.P.C.vide order dated 16.11.2021. As per prosecution case, the accusation against the petitioner and others to have snatched the Aadhar card, Pan card, Voter card, ATM and one mobile from the informant and they fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25810 of 2022(2) dt.30-08-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. During course of investigation the name of petitioner transpired in this case on the basis of confessional statement of co-accused, Abhimanyu Kumar and Munna Kumar. Nothing has been recovered from the possession of the petitioner and he has not put on T.I. Parade as yet. Learned counsel for the petitioner further submits that the petitioner has neither concerned with co-accused persons nor looted articles. The petitioner is languishing in custody since 20.11.2021 and bears criminal antecedent of two cases. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released 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 A.C.J.M.-III, Bikramganj,

Patna High Court CR. MISC. No.25810 of 2022(2) dt.30-08-2022 3/3 Rohtas in connection with Dinara P.S. Case No. 157/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T