Rahul Kumar Banjara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61396 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== RAHUL KUMAR BANJARA SON OF LATE RAJ KUMAR YADAV RESIDENT OF VILLAGE NAYA TOLA JURAVGANJ PS KODHA DISTRICT KATIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S. Case No. 64 of 2022 dated 8.2.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, two unknown miscreants boarded on a motorcycle are alleged to have intercepted the informant and snatched Rs. 95,000/- and fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.61396 of 2023(2) dt.12-09-2023 2/3 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of the co-accused, Manish Kumar. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 9.12.2022 passed in Cr. Misc. No. 50526 of 2022. The petitioner is accused in 5 other criminal cases in which he is on bail in two cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.3.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 64 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.61396 of 2023(2) dt.12-09-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T