Rudal Kumar Singh @ Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41504 of 2018 ====================================================== Rudal Kumar Singh @ Prabhakar Kumar S/o Pankaj Kumar Singh, R/o Vill.- Chhoti Govindpur, Fulka, P.S.- Jamalpur , District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.01.2018 in connection with G.R.P. Jamalpur P.S. Case No. 101 of 2017 for offences punishable under Section 379 of the Indian Penal Code. Later on Sections 392 and 411 of the I.P.C. were added.

The prosecution case, as lodged by the informant, is that while he along with his uncle and uncle's friend was traveling in a train, three miscreants entered the train and took away bag, mobile and cash.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and his name

Patna High Court Cr.Misc. No.41504 of 2018 (2) dt.13-07-2018 2/3 surfaced on the confessional statement of co-accused Shankar Paswan who has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 34878 of 2018 vide order dated 19.06.2018. He submits that nothing has been recovered from his possession, no T.I. Parade has been done and charge-sheet has already been submitted.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in one more case of similar nature. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Rail Magistrate, Kiul (Lakhisarai) in connection with G.R.P. Jamalpur P.S. Case No. 101 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.41504 of 2018 (2) dt.13-07-2018 3/3 petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T