Rahul Kumar @ Chenga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34389 of 2022 Arising Out of PS. Case No.-604 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAHUL KUMAR @ CHENGA S/o shambhu Mahto Resident of Village - Bagha, P.S. - Begusarai Town O.P.- Lohiyanagar, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Section 392/397 of the IPC in connection with Begusarai Muffasil P.S. Case No.604 of 2021.
As per the FIR, the informant has alleged that on the point of pistol his motorcycle was snatched by the accused persons.
Learned counsel for the petitioner submits that he is in custody since 25.02.2022, is young person, no TI Parade has been done and has suffered a lot and be given a chance to reform.
Learned APP on the other hand submits that the
Patna High Court CR. MISC. No.34389 of 2022(2) dt.12-09-2022 2/3 motorcycle was recovered in front of his house and as such his role cannot be ignored.
Considering the fact that he is in custody since 25.02.2022, charge sheet stands submitted, is a young boy, no TI Parade has been done, this Court is inclined to grant him privilege of bail after framing of charges in view of the fact that he has criminal antecedent.
Let the petitioner be released on bail after framing of charges on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Begusarai Muffasil P.S. Case No.604 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to following conditions:
(i) one of the bailor should be the family member 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 by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.34389 of 2022(2) dt.12-09-2022 3/3 presence;
(iv) 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. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T