Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37698 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Rahul Kumar S/o Late Chandeshwari Yadav @ Bauku Yadav, Resident of Mahinath Nagar, PS- Beldaur, District Khagaria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Sinha, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Beldaur P.S. Case No. 272 of 2024 dated 28.07.2024, registered for the offence punishable under Section 309(4) of the B.N.S., 2023.
3. As per the prosecution case, three persons riding two motorcycles surrounded the informant and assaulted him. At gun point they snatched the motorcycle, mobile phone, helmet, Bluetooth and Rs. 2,000/- (rupees two thousand only) cash from the informant. On enquiry, the informant came to know about the involvement of this petitioner and other coaccused persons.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.37698 of 2025(2) dt.18-06-2025 2/3 petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing incriminating has been recovered from the person or possession of this petitioner. Whatever recovery has been made, it has been made from the co-accused Sonu Kumar, who has already been enlarged on regular bail by this Court vide order dated 05.02.2025 passed in Cr. Misc. No. 1106 of 2025. Learned counsel lastly submits that petitioner is having clean antecedent and is in custody since 04.01.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and also considering the vague nature of allegation against him and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria / concerned Court, in connection with Beldaur P.S. Case No. 272 of 2024, subject to the condition
Patna High Court CR. MISC. No.37698 of 2025(2) dt.18-06-2025 3/3 laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(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, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T