Rahul Kumar @ Rahul Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70300 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== RAHUL KUMAR @ RAHUL KUMAR MAHTO Son of Deepak Mahto Resident of Village Sakarpura, P.S. - Bakhri, District - Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Jha, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 18.01.2021, charge-sheet has been submitted and has antecedent of seven cases.
The informant alleges that he was posted as the Manager in Bandhan Bank and on 08.01.2021 at about 08:05 p.m. when the bank opened at that time the Assistant Manager and Cashier worth present along with 5-6 customers then a lady entered and behind her back four criminals entered carrying
Patna High Court CR. MISC. No.70300 of 2021(2) dt.16-05-2022 2/3 pistol and thereafter looted cash worth Rs.17,09,980/- and thereafter tried to break the lock of the vault room but were not able to break and open the vault and thereafter the criminals started fleeing after committing the loot. It is alleged that three accused fled on a Pulsor motorcycle while two accused tried to flee on Apache motorcycle but the motorcycle did not start. It is alleged that thereafter one person from the crowed apprehended one of the accused but the other accused fired at him causing injury and both the accused fled away leaving behind the Apache motorcycle.
Learned counsel for the petitioner submits that the FIR is against unknown and the petitioner has not been put on T.I. Parade and name of the petitioner transpired in the confessional statement of co-accused Sudhir Sharma which has no evidentiary value. It is further submitted that police based on the antecedent of the petitioner got him implicated through Sudhir Sharma.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
At this stage, the learned counsel for the petitioner seeks permission to withdraw the present bail application with liberty to renew his prayer for bail after framing of charge.
Patna High Court CR. MISC. No.70300 of 2021(2) dt.16-05-2022 3/3 Permission is accorded.
Accordingly, this application is dismissed as withdrawn in connection with Sakra P.S. Case No. 24 of 2021 pending in the Court of learned Additional Chief Judicial Magistrate-XII, Muzaffarpur/successor Court.
(Satyavrat Verma, J) Kundan/- U T