Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19057 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Rahul Kumar son of Sri Din Bandhu Das resident of village Hemra, Police Station Town, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Dayal For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 11.04.2014 in for the offences instituted under Sections 302 and other sections of the Indian Penal Code.

The prosecution story, in brief, is that informant's son aged about nine years went to play to the house of his Fua, Seema Devi, situated near saw mill but he did not return to house. On query, Seema Devi told the informant that his son returned home for taking meal, thereafter the informant started searching his son. He suspected that some miscreants have kidnapped his son for ransom and for that written report of Town P.S. Case No. 169/14 was registered against unknown miscreants. The Police has incriminated the petitioner by stating in case diary that it has

Patna High Court Cr.Misc. No.19057 of 2015 (3) dt.02-09-2015 P2/2 seized rupees four lakhs twenty seven thousand from the Bank account of the petitioner and his parents on the basis of confessional statement of this petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.04.2014. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner is not named in the First Information Report. His name has come during the course of investigation on the basis of the confessional statement. Other co-accused have already been granted bail vide Cr. Misc. No. 7783 of 2015, Cr. Misc. No. 46162 of 2014 and Cr. Misc. 11466 of 2015.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VIII, Begusarai in connection with Begusarai Town P.S. Case No. 169 of 2014.

(Sudhir Singh, J) Saif/- U T