Rahul Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60503 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -PHULWARIYA District- GOPALGANJ ======================================================

1. Rahul Kumar, S/o Shiv Bachan Chauhan,

2. Mannu Kumar S/o Shambhu Kunwar, Both are R/o Vill.- Ratan Chak, P.S.- Hathwa, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s : Mr. Ahmad Ali, a.p.p. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek regular bail in connection with Phulwariya No. 130/2018, registered for offences punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioners and other accused person is of snatching the bag of the informant on the point of pistol and accordingly, seizure list has been prepared. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Suraj Kumar and except the confessional statement no overt act has been attributed against the petitioner and they are in custody since 18.06.2018 and

Patna High Court Cr.Misc. No.60503 of 2018 (2) dt.06-10-2018 2/2 14.06.2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIII, Gopalganj in connection with Phulwariya P.S.Case No. 130 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T