Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55385 of 2021 Arising Out of PS. Case No.-509 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== RAHUL KUMAR S/o Lalit Yadav @ Lalit Ray R/o Village- Dariyapur Tola, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Prasad For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-04-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Phulwarisharif P.S.Case No. 509 of 2020 for the offences punishable under Sections 395 of the Indian Penal Code. As per the prosecution case, it is alleged that on 18.9.2020, the informant, who is said to be driver of the pick -up-van was going to Mithapur Mandi with loaded cucumber in the meanwhile, a Scorpio over took his vehicle and 4 to 5 miscreants snatched his vehicle.
It is submitted by the learned counsel on behalf of the petitioner that petitioner is not named in the F.I.R, but during the
Patna High Court CR. MISC. No.55385 of 2021(2) dt.20-04-2022 2/3 course of investigation, petitioner was arrested in connection with Phulwarisharif ( Janipur) P.S.Case No. 534 of 2020 and, later on after recording his confessional statement ,he has been remanded in the present case. It is further submitted that the said pick-up-van has been recovered in an abandoned condition and no incriminating material has been recovered from possession of this petitioner and he is in custody since 25.11.2020 but till date he has not been put on TIP. It is next submitted that co-accused having similar allegation, namely Pardeshi Kumar has already been granted bail by a Bench of this Court in Cr. Misc, No. 50183 of 2021 vide order dated 25.03.2022. Copy of the order has been kept on record. The learned A.P.
P opposed the prayer for bail of the petitioner and submits that petitioner has involved in two other cases. In reply to the submission made by the learned counsel for the State, the learned counsel for the petitioner submits that in both the cases, petitioner has been granted bail. Having heard the rival contentions of the parties and taking into consideration the fact that petitioner is not named in the F.I.
Patna High Court CR. MISC. No.55385 of 2021(2) dt.20-04-2022 3/3 up-van has already been recovered and he is in custody since 25.11.2020, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-IX, Patna in connection with Phulwarisharif ( Janipur) P.S.Case No. 509 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) N.K/- U T