Rahul Kumar @ Charsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40186 of 2022 Arising Out of PS. Case No.-17 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== RAHUL KUMAR @ CHARSI Son of Ashok Prasad Resident of villageDusaiyaan Tola, Police Station- Manuapool, District- Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neerad Parashar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Patliputra P.S. Case No. 17 of 2020 for the offence registered under Sections 365, 120(B) and 34 of the Indian Penal Code.

The son of the informant, namely, Manish Ranjan is stated to have been kidnapped by unknown miscreants.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 14.01.2020. It is

Patna High Court CR. MISC. No.40186 of 2022(3) dt.24-01-2023 2/3 further submitted that though the petitioner is an accused in one another case but he is on bail in the said case. It is also submitted that there is no material on record to connect the petitioner with the alleged crime except his confessional statement which has got no evidentiary value. It is next submitted that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide order dated 13.11.2020 passed in Criminal Miscellaneous No. 25397 of 2020 and vide order dated 05.01.2022 passed in Criminal Miscellaneous No. 55723 of 2021.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons who have already been granted

Patna High Court CR. MISC. No.40186 of 2022(3) dt.24-01-2023 3/3 bail by co-ordinate Benches of this Court, hence, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 learned A.C.J.M.-XXII, Patna in connection with Patliputra P.S. Case No. 17 of 2020.

(Mohit Kumar Shah, J) S.Sb/Saurav U T