Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37853 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Rahul Kumar S/o Bhushan Yadav @ Muneshwar Yadav R/o vill - Teldih, P.S. - Ariyari, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rizwanul Haque, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, the petitioner along with co-accused persons snatched Rs.35,000/- on the point of pistol from toto passenger and Rs.4,000/- from the toto driver and also two mobile phones.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and petitioner is not named in the FIR and there is no recovery from the conscious possession of the petitioner. Petitioner has not put on test indemnification parade and he is in

Patna High Court CR. MISC. No.37853 of 2024(2) dt.22-05-2024 2/2 custody since 05.03.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Ariyari P.S. Case No. 213 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist Class, Sheikhpura.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T