Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51128 of 2025 Arising Out of PS. Case No.-954 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rahul Kumar S/o Upendra Sah R/o Village- Fatehpur Mubarak, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that four people riding two motorcycles, had snatched away his motorcycle at the point of pistol and fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not named in the FIR and his name has surfaced subsequently when one co-accused, namely, Raja Kumar was apprehended and had confessed his involvement as well as that of the petitioner. It has next been

Patna High Court CR. MISC. No.51128 of 2025(2) dt.11-08-2025 2/3 submitted that no incriminating article has been recovered from the house of the petitioner and the petitioner has only been implicated in this case because he has one criminal case against his name of similar nature.

5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid submissions, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 954 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

Patna High Court CR. MISC. No.51128 of 2025(2) dt.11-08-2025 3/3 (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T