Patna High CourtCR. MISC./63096/2024bail granted

Aayush Kumar @ Prakash Kumar v. The State Of Bihar

2024-09-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63096 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Aayush Kumar @ Prakash Kumar Son of Suresh Singh Resident of Village - Sahokhar, Police Station -Sohsarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 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 Rahui P.S. Case No. 168 of 2024 dated 26.03.2024 registered for the offences punishable u/s 395, 397 of the Indian Penal Code.

3. As per the prosecution case, on 26.03.2023, the informant was sitting in his truck, in the meantime, seven miscreants came near the truck and out of them four miscreants entered the cabin and demanded the mobile phone of the informant. On being opposed, the accused persons snatched the purse, mobile phone and key of the truck. Further with the help of local people two miscreants were caught and the rest managed to escape. On being inquired by police, they disclosed their name and also disclosed the name who fled away.

Patna High Court CR. MISC. No.63096 of 2024(2) dt.19-09-2024 2/2

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 petitioner. The petitioner was apprehended at the spot but nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner are in custody since 26.03.2024. The similarly situated co-accused persons have already been granted bail by this court vide order dated 25.06.2024 passed in Cr. Misc. No. 42631 of 2024.

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 nature of allegation and the period of custody, the petitioner above-named, 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, Nalanda, in connection with Rahui P.S. Case No. 168 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T