Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71496 of 2021 Arising Out of PS. Case No.-733 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Suresh Singh @ Bathu Singh Resident of Village - Rasaulpur Orti, P.S. - Mahuwa, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 733 of 2020 registered under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 30.07.2021, charge-sheet has been submitted in the case, has antecedent of three cases and informant alleges that on 12.11.2020 four accused persons intercepted him and looted his mobile, gold chain, necklace and other articles as mentioned in the F.I.R.

Learned counsel for the petitioner submits that F.I.R. was against unknown, the petitioner was arrested in Saraiya P.S. Case No. 64 of 2021 where he was made to confess his

Patna High Court CR. MISC. No.71496 of 2021(2) dt.10-05-2022 2/2 participation in the present occurrence which has no evidencive value. It is also submitted that petitioner is in custody but he was not put on Test Identification Parade nor any incriminating article was recovered from his possession. It is submitted that petitioner went on his antecedent came to be implicated. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 30.07.2021, charge-sheet has been submitted in the case and taking into consideration the submissions made by learned counsel for the petitioner, let the petitioner above named is directed to be released 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 the learned court below where the case is pending/successor court in connection with Saraiya P.S. Case No. 733 of 2020 with a condition that one of the bailors shall be the father of the petitioner namely Suresh Singh @ Bathur Singh.

(Satyavrat Verma, J) ved/- U T