Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50694 of 2022 Arising Out of PS. Case No.-660 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== RAHUL KUMAR Son of Ambika Singh Resident of Village - Salempur, P.S.- Hulsganj, District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 394 and 302 of the Indian Penal Code.

As per the prosecution case, the informant's husband was returning home and as he reached near Jehanabad Agriculture Farm, all of a sudden one miscreant snatched a golden chain from one passerby and the same miscreant was caught hold by the informant's husband. It is further alleged that the miscreant opened fire from his pistol which hit in the abdomen of the informant's husband. The informant's husband

Patna High Court CR. MISC. No.50694 of 2022(2) dt.13-12-2022 2/3 died during the course of treatment.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. The petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.10.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that tower location of the mobile phone used by the petitioner was found at the place of occurrence.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged 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 learned Court concerned, Jehanabad in connection with Jehanabad P.S. Case No. 660 of 2021, with the following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.50694 of 2022(2) dt.13-12-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

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