Rahul Kumar Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64774 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- BUXAR District- Buxar ====================================================== RAHUL KUMAR SINGH @ RAHUL KUMAR Son of Sunil Singh Resident of Villager- Mahdah, P.S. - Buxar Muffasil, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey, Adv For the Opposite Party/s :

Mr.Dashrath Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

A supplementary affidavit, carrying out necessary correction in the main petition, has been filed on behalf of the petitioner, which is kept on record.

Heard learned counsel for the petitioner and learned APP for the State in virtual Court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 379,411 of the Indian Penal Code.

The prosecution case, in short, is that on 25.01.2020 informant parked his motorcycle in front of Gate of Civil Court, Buxar and informant entered in the campus for some personal

Patna High Court CR. MISC. No.64774 of 2021(2) dt.22-04-2022 2/3 work it is stated that he returned back after an hour and not found his vehicle at the parked place he searched his vehicle but could not find.

Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired on the basis of the confessional statement of co-accused, namely, Shivam Singh and Dhiraj Yadav. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no T.I. Parade has been conducted by the prosecution and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 24.05.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Buxar Town Police Station Case No.50 of 2020, with the following conditions:-

Patna High Court CR. MISC. No.64774 of 2021(2) dt.22-04-2022 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the 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.

(Rajesh Kumar Verma, J) Nitesh/- U T