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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64667 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BUXAR District- Buxar ====================================================== RAHUL KUMAR SINGH @ RAHUL KUMAR Son of Sunil Singh Resident of Village - Mahdah, P.s.- Buxar Mufassil, Dist.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Buxar Town P.S. Case No. 49 of 2020 registered for the offences punishable under Sections 379 and 411of the Indian Penal Code. As per prosecution case, informant's motorcycle has been stolen.

Learned counsel for the petitioner submits that during course of investigation name of the present petitioner has been surfaced on the confessional statement of co-accused Shivam Singh. Petitioner is in custody since 06.04.2021. Petitioner bears criminal antecedent of four cases. Charge sheet

Patna High Court CR. MISC. No.64667 of 2021(3) dt.28-09-2022 2/3 has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Nothing has been recovered from the conscious possession of the petitioner. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - Ist, Buxar in connection with Buxar Town P.S. Case No. 49 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present before the trial court on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned trial court itself.

Patna High Court CR. MISC. No.64667 of 2021(3) dt.28-09-2022 3/3 (iii) 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.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) alok/- U T