Patna High CourtCR. MISC./37557/2022bail granted

Rahul Kumar v. The State Of Bihar

2022-09-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37557 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== RAHUL KUMAR S/o Satish Kumar Sharma, R/o Village- Badipur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 362 of 2021 lodged under Sections 395 and 397 of the Indian Penal Code.

As per prosecution, the allegation of dacoity is there in the F.I.R. against 3 named and 2 unnamed accused persons. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing was recovered from the possession of the petitioner and he was not put on T.I.P.. He further submits that name of the petitioner has come in this case by virtue of the

Patna High Court CR. MISC. No.37557 of 2022(2) dt.30-09-2022 2/3 confessional statement of the co-accused Gaurav and Ashish, who were granted bail by the Co-ordinate Bench of this Court vide orders dated 14.07.2022 and 13.07.2022 passed in Cr. Misc. No. 15201 of 2022 and Cr. Misc. No. 31035 of 2022 respectively. He further submits that petitioner is in custody since 26.12.2021 (wrongly type as 06.12.2021 in the petition). Learned counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 362 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.37557 of 2022(2) dt.30-09-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T