Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30237 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== RAHUL KUMAR S/o Muneshwar Rai Resident of Village-Shekhpura, P.S.- Rajapakar, District-Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the

Patna High Court CR. MISC. No.30237 of 2020(2) dt.25-11-2020 2/3 confessional statement of a co-accused when the police raided the house of the petitioner various types stolen chocolate and packets of chocolate are said to have been seized from his house and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous enmity. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The house of the petitioner is a joint family house and inhabited by several family members. It is further submitted that the charge sheet has been submitted in this case. Co-accused, namely, Anil Rai @ Anil Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 02.07.2020 passed in Cr. Misc. No. 21202 of 2020. The petitioner has been languishing in custody since 02.09.2019.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.30237 of 2020(2) dt.25-11-2020 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Rajapaker P.S. Case No.200 of 2019, subject to the following conditions :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Trivedi/- U T