Rahul Kumar Dash @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25734 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Rahul Kumar Dash @ Rahul Kumar S/O Sahendr Kumar Dash @ Sahendra Kumar Das R/O Village- Datmi, P.S- Hunterganj, Distt.- Chatra (Jharkhand). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sherghati P.S. Case No. 379 of 2024 instituted for the offences under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, six unknown persons riding on three motorcycles looted an old blue colored bag having important papers from the informant on the point of pistol and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case due to his large number of criminal
Patna High Court CR. MISC. No.25734 of 2025(3) dt.04-07-2025 2/3 antecedents. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.01.2025 and has nineteen criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 07.04.2025 passed in Cr. Misc. No. 799 of 2025.
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, claim based on parity 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, after framing of charge, if not already framed, 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 Sherghati P.S. Case No. 379 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.25734 of 2025(3) dt.04-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(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.
(IV) Petitioner shall not leave the territorial jurisdiction of the learned court below without taking its prior permission. If petitioner violates any condition/s, the prosecution will be at liberty to move for cancellation of bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T