Rahul Kumar @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3429 of 2017 Arising Out of PS.Case No. -653 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Rahul Kumar @ Aman Kumar, son of Sanjay Yadav, resident of villageAjgewa, P.S. Sour Bazar, District-Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Madhepura P.S. Case No.653 of 2014 registered under Section 394 and 302 of the Indian Penal Code besides Section 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in this case in the confessional statement of the co-accused Prince Kumar alias Dablu Yadav, as detailed in paragraph-54 of the case diary, and, thereafter, the police apprehended the petitioner and got recorded his confessional statement, as detailed in paragraph-58 of the case diary, disclosing his involvement in the present case. Except that,

Patna High Court Cr.Misc. No.3429 of 2017 (3) dt.13-04-2017 2/2 there is nothing against the petitioner to show his involvement in the present case. Further submission is that as the petitioner is accused in six other cases, as detailed in paragraph-3 to this application, due to that reason, the petitioner has falsely been implicated in this case by the police and the petitioner, in the present case, is in custody since 28.05.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.653 of 2014. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T