Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24433 of 2020 Arising Out of PS. Case No.-28 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== RAHUL KUMAR S/o- Hareram Yadav Resident of Village- Shankarpur, Navtola Ward No.14, P.S.- Shankarpur, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Pawan Kumar, learned counsel for the petitioner and Mr. Parmeshwar Mehta, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Shankarpur PS Case No. 28/2019 registered for the offence punishable under Section 394 of the IPC.

3. The allegation against the petitioner as per First Information Report is that the informant was intercepted by three persons riding on the motorcycle and they snatched mobile from the informant's pocket and looted cash of Rs. 9650/-. It has further been alleged that upon protest the accused persons assaulted the informant by rod and also threatened him to shoot.

4. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and he has falsely been implicated in this case on the statement made by co-

Patna High Court CR. MISC. No.24433 of 2020(2) dt.22-09-2020 2/3 accused, Sachin Kumar from whose possession the looted mobile was recovered. Learned counsel further submits that the co-accused, Sachin Kumar has been granted bail by this Court in Cr. Misc. No. 68709/2019. Learned counsel further submits that one another co-accused, namely, Jiwachh Kumar @ Gudar Mahto has also been granted bail by this Court in Cr. Misc. No. 72856/2019. Learned counsel also submits that no recovery has been made from the possession of the petitioner and he is in custody since 18.07.2019.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no recovery has been made from the possession of the petitioner and he is in custody since 18.07.2019 and the fact that co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the conditions that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

6. Accordingly, let the petitioner, RAHUL KUMAR be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.24433 of 2020(2) dt.22-09-2020 3/3 Additional Chief Judicial Magistrate-1, Madhepura in connection with Shankarpur PS Case No. 28/2019.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T