Rahul Kumar @ Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48274 of 2021 Arising Out of PS. Case No.-195 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== RAHUL KUMAR @ RAHUL KUMAR SINGH Son of Kameshwar Singh @ Kameshwar Prasad Singh Resident of Village- Beda, P.O.- Moresarai, P.S.- Sasaram (M), District- Rohtas (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Sasaram Darigawn P.S. Case No. 195/2021 registered for the offence punishable under Section 395 of the Indian Penal Code 1860.
The allegation, as per the First Information Report, is that 6-7 unknown miscreants, armed with pistol, overtook the truck of the informant, entered into its cabin and snatched away two Mobile phones and Rs. 700/- cash from the informant. Learned counsel for the petitioner submits that from perusal of the First Information Report, it would be evident that
Patna High Court CR. MISC. No.48274 of 2021(2) dt.11-03-2022 2/3 the miscreants who had entered into the cabin of the truck of the informant were calling themselves as Dipak, Sujeet, Krishna and Banti. Learned counsel further submits that the informant has not disclosed the name of the petitioner in the First Information Report. He also submits that the name of the petitioner has transpired on the basis of confessional statement of co-accused Dipak Kumar Chandravanshi from whose possession one looted Mobile and money have been recovered and the said Deepak Kumar has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 43602 of 2021. He next submits that no recovery has been made from possession of the petitioner and he has not been put on Test Identification Parade. The petitioner is in custody since 26.4.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 43602/2021, petitioner is in custody since 26.4.2021, no looted article has been recovered from his possession and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.48274 of 2021(2) dt.11-03-2022 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Darigawn P.S. Case No. 195/2021. (Anil Kumar Sinha, J) S.Ali/- U T