Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27418 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- KORHA District- Katihar ====================================================== RAHUL KUMAR Son of Sanjeev Kumar Chaudhary Resident of Village - charkhi, P.s.- Korha, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 394 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants assaulted the informant and took away Rs. 600/-, a cell phone, camera, I-card, ATM Card, Credit Card and motorcycle on the point of gun.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.27418 of 2022(2) dt.08-09-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of the co-accused persons Deepak Kumar and Sanjeev Kumar. No incriminating material has been recovered from the possession of the petitioner. No T.I.P. was held by the prosecution. The petitioner is in custody since 10.02.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, Katihar, in connection with Korha P.S. Case No. 229 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T