Rahul Kumar @ Rahul @ Tenia @ Rahul Ram @ Rahul Kahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57930 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== Rahul Kumar @ Rahul @ Tenia @ Rahul Ram @ Rahul Kahar S/O Umesh Ram R/O Mohalla- Near T.V. Tower, Sump House, Police StationAgamkuan, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Patrakar Nagar P.S. Case No. 101 of 2021 registered for the offence under Section 394 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 23.08.2021.
The allegation against the petitioner is to be commit robbery, while committing so taken away cash of Rs. 20,000/- (Rs. Twenty thousands) belongs to informant.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.57930 of 2022(3) dt.15-12-2022 2/3 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Rishi Kumar, in furtherance of which no incriminating material recovered/surfaced, which may connect this petitioner, prima facie, with present set of robbery. It is further submitted that said co-accused, namely, Rishi Kumar @ Rishant Kumar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 23498 of 2022 vide order dated 04.08.2022. It is also submitted that no TIP of petitioner was conducted, as yet. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as no incriminating material recovered, which may connect this petitioner, prima facie, with present set of occurrence coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Patrakar Nagar P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57930 of 2022(3) dt.15-12-2022 3/3 satisfaction of learned C.J.M., Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T