Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44006 of 2023 Arising Out of PS. Case No.-334 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== RAHUL KUMAR Son of Dharmendra Kumar Thakur Resident of village - Korbadha Pataili, P.s. - Ujiyarpur, Distt. - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Anu Priyadarshni, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Ujiyarpur P.S. Case No.334 of 2021 dated 03.11.2021 registered for the offence(s) punishable under Section(s) 394 of the Indian Penal Code and Section 27 of the Arms Act. 3.

The main submissions advanced by learned counsel for the petitioner are that the petitioner has criminal antecedent of one case, in the present matter his name surfaced in the statement of co-accused Sunil Shahni but except the said statement there is no material against this petitioner to connect him to the alleged crime of loot and after the petitioner's arrest he was not put on Test Identification Parade and no incriminating material was recovered from his possession and

Patna High Court CR. MISC. No.44006 of 2023(2) dt.24-07-2023 2/2 he has been languishing in jail since 24.01.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Having regard to the facts and circumstances of this case, considering the above submissions and mainly the petitioner's plea that except confessional statement of coaccused Sunil Shahni given before the police there is no other material against the petitioner to connect him to the alleged offence of loot and also taking into account the completion of investigation against him, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Ujiyarpur P.S. Case No.334 of 2021 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T