Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35002 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Rahul Singh @ Rahul Kumar Singh, Son of Ram Singh, Resident of VillageAdi Rampur (Bhargama), PS- Bhargama, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Raniganj P.S. Case No. 222 of 2022 registered for the alleged offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, unknown miscreants waylaid the informant of his tractor which was loaded with 171 bags of maize each containing 50 kg. The miscreants put blindfold on the eyes of the informant and at gun point kept him in captivity till night and in the late night left him on road. The name of the petitioner transpired during investigation as one of the miscreants.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner transpired in the confessional statement
Patna High Court CR. MISC. No.35002 of 2023(2) dt.24-06-2023 2/3 of co-accused Suraj Kumar Jha, who has been granted bail by learned court below. No looted articles were recovered from possession of the petitioner. No Test Identification Parade was conducted to establish the identity of the petitioner. Similarly placed co-accused persons, namely Md. Jeeshan Khan and Suraj Kumar Sharma have been granted bail by a Co-ordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 28145 of 2023. The petitioner is in custody since 24.03.2023 and charge sheet has been submitted.
5. Learned APP opposes the prayer for bail submitting that the petitioner appears to be a member of gang of dacoits and he is having criminal antecedent of one case.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of bail to similarly co-accused persons and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria/ court concerned in connection with Raniganj P.S. Case No. 222 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
Patna High Court CR. MISC. No.35002 of 2023(2) dt.24-06-2023 3/3 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T