Patna High CourtCR. MISC./48392/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48392 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Rahul Kumar Son Of Sanjay Gope Resident of Village- Mehdipur, Police Station- Bind, District -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prakash Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sarmera P.S. Case No. 68 of 2024 (G.R. No. 1338 of 2024), instituted for the offences punishable under Sections 414, 467, 468, 471 and 420 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner was apprehended on spot with a stolen motorcycle and upon demand of papers he failed to produce any valid document for the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.48392 of 2024(2) dt.24-07-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner further submitted that the petitioner has got no concern with the alleged recovery of stolen motorcycle in question. The petitioner has been arrested on the basis of suspicion. The petitioner is in custody since 26.03.2024 and has got two criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection withSarmera P.S. Case No. 68 of 2024 (G.R. No. 1338 of 2024), subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.48392 of 2024(2) dt.24-07-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T