Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48206 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- TARAIYA District- Saran ====================================================== 1.

Rahul Kumar Son of Late Yogendra Sah Resident of Vill- Ushari Khurd (Usari Khurd), P.S.- Ishuapur, District- Saran At Chapra 2.

Prince Kumar Son of Sanjay Giri Resident of Vill- Bishunpura Mathiya, P.S.- Marhowarah (Gaura O.P), District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Taraiya P.S. Case No. 47 of 2024 dated 08.02.2024 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle robbed Rs. 1,50,000/- and other valuable documents from the informant on the point of gun.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and has falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up in the confessional statement of the coaccused, Ajay Kumar @ Rana. Nothing has been recovered from the conscious possession of the petitioners. No T.I.P. has been conducted

Patna High Court CR. MISC. No.48206 of 2024(2) dt.07-08-2024 2/2 by the prosecution. It is further submitted that the petitioners have no concern with the alleged offene. The petitioner no. 1 has one criminal antecedent in which he is on bail whereas the petitioner no. 2 has four criminal antecedent in which he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Taraiya P.S. Case No. 47 of 2024 with the condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T