Patna High CourtCR. MISC./29548/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29548 of 2024 Arising Out of PS. Case No.-825 Year-2023 Thana- BARH District- Patna ====================================================== Rahul Kumar Son of Sanjay Saw R/o Village- Saksohera, P.S.- Saksohara, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjana, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barh P.S. case No. 825 of 2023 instituted for the offences under Sections 379, 414 of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the petitioner along with other coaccused persons was stealing the motorcycle and on seeing the informant, the accused persons tried to flee away but one of the accused persons, i.e. this petitioner was caught.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.29548 of 2024(2) dt.20-04-2024 2/2 further submitted that nothing has happened as alleged in the FIR and the allegations leveled against him are false and concocted. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.12.2023 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, charge-sheet already being submitted as also 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 Barh P.S. case No. 825 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T