Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37502 of 2021 Arising Out of PS. Case No.-828 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Rahul Kumar Son of Raj Kumar Gupta Resident of Kachhari Road, Near Exchange office, Police Station - Khagaria (Chitragupta Nagar), District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Khagaria (Chitragupta Nagar) P.S. Case No. 828 of 2020, registered for the offence under Section 461, 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was also added. As per the prosecution case, some unknown miscreants, after breaking the door of informant's shop, committed theft of valuable articles worth Rs. 90,000/- (ninety thousand).

Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused before the police, which has got no evidentiary value. No incriminating article has been recovered from the possession of the petitioner. In fact, the theft articles have been

Patna High Court CR. MISC. No.37502 of 2021(2) dt.21-09-2021 2/2 recovered from the house of co-accused Vishal Kumar @ Karka. Petitioner is in custody since 01.11.2020. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 828 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T