Patna High CourtCR. MISC./30040/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-11-14Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30040 of 2025 Arising Out of PS. Case No.-39 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Rahul Kumar S/o Umesh Prasad Resident of Village- Nagarnausha, PsNagarnausha, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Sinha, Adv.

Mr. Vishal Saurabh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-11-2025 Heard the parties.

2. The petitioner is in custody in connection with Salimpur P.S. Case No. 39 of 2023 and Session Trial No. 499 of 2024 for the offence punishable under sections 279 and 304(A) and later on 302 of the Indian Penal Code lodged on 19.02.2023 by the informant, Vishnu Kumar.

3. As per the prosecution story, the informant alleged that the villagers informed that a person is lying on the NH-3 and the motorcycle is also there. The police reached there, found the person in injured condition, taken to the hospital but was declared dead. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that now charges have been framed, he is in custody since 22.01.2924 and

Patna High Court CR. MISC. No.30040 of 2025(5) dt.14-11-2025 2/3 if given a chance, he shall be diligently appearing in trial.

5. Learned APP opposes the prayer for bail submitting that he played a role in the aforesaid act.

6. Taking into account the aforesaid submission/fact as also that the petitioner is in custody since 22.01.2024, he do not have criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of Additional District and Session Judge-IV, Barh (Patna) in connection with Salimpur P.S. Case No. 39 of 2023 and Session Trial No. 499 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.30040 of 2025(5) dt.14-11-2025 3/3 (iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark his attendance and at the end of the period, the certificate be submitted to the Court;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U