Rahul Kumar @ Rahul Rai @ Rahul Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29665 of 2023 Arising Out of PS. Case No.-379 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== RAHUL KUMAR @ RAHUL RAI @ RAHUL KUMAR RAI Son of Jai Narayan Prasad @ Pappu Rai Resident of village-Sumera Urf Afzalpur Madho, P.S.-Kudhani (O.P.-Turki), District-Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

As per allegation in the FIR, informant is engaged as Manager in Bharat Financial Inclusion Ltd, Saraiya and on 17.10.2019, six miscreants armed with pistol entered into his branch and on pointing the pistol, looted away Rs. 4, 93, 259/- and other official papers looted away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no

Patna High Court CR. MISC. No.29665 of 2023(3) dt.09-08-2023 2/2 eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession of the petitioner. Petitioner has not been identified in CCTV footage. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 22.08.2022 passed in Cr. Misc. No. 1415 of 2022. Petitioner is languishing in judicial custody since 13.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 379 of 2019.

(Sunil Kumar Panwar, J) sushma/- U