Rahul Kumar @ Barma Chaudhary @ Barma Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28901 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- SATHI District- West Champaran ====================================================== Rahul Kumar @ Barma Chaudhary @ Barma Ram, S/o Kishore Choudhri @ Kishor Chaudhary Resident of Ward No. 16, Shivganj, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 117 of 2021 registered for the alleged offences under Sections 413 and 414 of the Indian Penal Code.

As per the prosecution case, during checking of vehicles, four persons riding on a motorcycle were seen and last person sitting on the motorcycle ran away on seeing the police when the motorcycle reached near the checking point. Three persons were apprehended and from their disclosure, it came to

Patna High Court CR. MISC. No.28901 of 2022(3) dt.29-08-2022 2/3 the knowledge that the petitioner was the person who ran away on seeing the police and he has stolen the motorcycle three apprehended persons were riding.

The learned counsel for the petitioner submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from his possession. The prosecution story is not believable that four persons were riding on a single motorcycle. In fact, the petitioner has nothing to do with the said motorcycle and he has been made accused merely on the statement of co-accused persons. The petitioner is in custody since 14.09.2021. The charge sheet has been submitted in this case. The petitioner has three cases pending against him, but he is on bail in two such cases.

Learned A.P.P. opposes the prayer for bail of the petitioner submitting that the name of the petitioner came up in the confessional statement of co-accused and he is a habitual offender.

Perused the records.

Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.28901 of 2022(3) dt.29-08-2022 3/3 Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran, in connection with Sathi P.S. Case No. 117 of 2021, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T