Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2350 of 2022 Arising Out of PS. Case No.-778 Year-2020 Thana- SONEPUR District- Saran ====================================================== RAHUL KUMAR S/o Asharfi Sahani R/o village- Bharpura, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.05.2021, charge-sheet has been submitted in the case and has antecedent of five cases. The informant alleges that he was intercepted by four unknown criminals who looted his mobile, golden chain along with Rs. 10,000/-.

Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner initially transpired in the confessional statement of co-accused,

Patna High Court CR. MISC. No.2350 of 2022(2) dt.25-05-2022 2/2 thereafter the petitioner was arrested, though in the investigation it has come that the looted mobile was recovered from the possession of the petitioner but no seizure list was prepared showing recovery from the petitioner. Learned counsel further submits that the petitioner because of his antecedents came to be implicated falsely in the present case and despite being in custody, the petitioner was not put on T.I.P. 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 04.05.2021, charge-sheet has been submitted in the case, he was not put on T.I.P. and no seizure list of the alleged recovered mobile was prepared, let the petitioner above named 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 Sonpur P.S. Case No. 778 of 2020 with a condition that one of the bailors of the petitioner shall be his father, Asharfi Sahani. (Satyavrat Verma, J) Rishi/- U T