Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1019 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Rahul Kumar Son Of Jagdev Ravidas @ Jagdeo Ravidas Resident Of VillageMorabbichak, P.S.-Nimchak Bathani, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code.

During course of checking near Indo Hokke Hotel, Rajgir, two persons on a motorcycle were coming and seeing the police party they returned and tried to flee away but they were caught. They disclosed their name as Kamlesh Kumar and Rahul Kumar. They did not produce any document of the said

Patna High Court CR. MISC. No.1019 of 2021(2) dt.03-03-2021 2/3 motorcycle. Thereafter, informant inquired about the motorcycle through mobile App and found that the said motorcycle is of Raushan Kumar, District Jehanabad. Thereafter, he contracted to SHO, Town P.S. Jehanabad and it was reported that the said motorcycle was stolen on 17.08.2020 from old Hospital Road, Jehanabad.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is a shopkeeper at local market, Nimchak Bathani and in emergency he sat on the motorcycle. He submits that motorcycle has not been stolen by the petitioner neither petitioner assisted in concealing or disposing the said motorcycle. He submits that learned court below has given liberty to the petitioner to renew his prayer for bail after submission of charge sheet. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.09.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.1019 of 2021(2) dt.03-03-2021 3/3 Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Rajgir P.S. Case No. 290 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T