Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35166 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Pramod Sah Resident of Village - Shivnagar, P.S.- Runisaidpur, District - Sitamadhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 393 of 2020 registered for the offence under Section 392 and 411 of the I.P.C.

The prosecution in brief is that the informant while going along with consignment of potato and onion by a truck was over taken by a Scorpio in which four unknown accused persons were sitting who dragged the informant and his brother from the truck and put them in the Scorpio vehicle and one of the accused persons fled away with the truck and they also snatched a sum of Rs. 3800/- from the pocket of the informant. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused in the present case on the basis of the confessional statement of the co-accused / Govind Kumar Thakur , who has been granted bail by a Co-ordinate Bench of

Patna High Court CR. MISC. No.35166 of 2021(2) dt.04-01-2022 2/2 this Court in Cr. Misc. No. 21879 of 2021. She further submits that no incriminating and / or looted article has been recovered from the possession of the petitioner and the petitioner has not been put on T.I. Parade. Petitioner is in custody since 12th January, 2021.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court, petitioner is in custody since 12/01/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -15, East, Muzaffarpur in connection with Gaighat P.S. Case No. 393 of 2020.

(Anil Kumar Sinha, J) praful/- U T