Rahul Kumar @ K.G.F. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73701 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Rahul Kumar @ K.G.F. Raja, (M), aged about 25 years, S/o Late Umashankar Sah, Resident of Basa, P.S- Sasaram, Distt.- Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sadanand Roy, Advocate For the Opposite Party :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 298 of 2024 dated 06.07.2024 registered for the offences punishable under Section 309(4) of the B.N.S., 2023. Later on, Sections 310 and 317(3) of the B.N.S., 2023 were also added.

3. As per the prosecution case, on 05.07.2024 at about 10.25 P.M., while the informant was returning from Gaya and going to Bikramganj through an Auto, six unknown miscreants including the Auto driver, on the point of pistol, looted Laptop, two mobiles, wrist watch, purse containing, S.B.I. A.T.M. Card, and Aadhar Card from the informant and thereafter they fled

Patna High Court CR. MISC. No.73701 of 2024(6) dt.08-04-2025 2/3 away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Bittu Kumar. Except the confessional statement of the co-accused Bittu Kumar and the petitioner, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No looted articles has been recovered from the possession of the petitioner. It is further submitted that no other co-accused persons have disclosed that the said Auto was driven by the petitioner on the alleged date and time of occurrence. No T.I. Parade was conducted although the informant claimed to be identified by face.

The other co-accused persons, namely, Sonu Kumar and Dhiraj Kumar Gupta have already been granted bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 70314 of 2024 under order dated 06.12.2024 and Cr. Misc. No. 70617 of 2024 under order dated 20.11.2024.The petitioner has four criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 31.07.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.73701 of 2024(6) dt.08-04-2025 3/3 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, 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 C.J.M., Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 298 of 2024 with further 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 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T