Rishav Kumar Yadav @ Rahul Kumar @ Rishav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75245 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- GANGTA District- Munger ====================================================== Rishav Kumar Yadav @ Rahul Kumar @ Rishav Kumar Son of Late Manoj Yadav Resident of Village - Mathura, P.S. - Gangta, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gangta P.S. Case No. 45 of 2024, instituted for the offences punishable under Sections 384, 385, 387/34 of the Indian Penal Code and Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons armed with weapons demanded extortion money.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.75245 of 2024(2) dt.23-10-2024 2/3 the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused Barun Kumar and the same has got no evidentiary value. It is also submitted that one country made pistol has been recovered from the conscious possession of co-accused Barun Kumar who has already been granted bail by the Court below. The petitioner is in custody since 02.08.2024 and has got four criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gangta P.S. Case No. 45 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.75245 of 2024(2) dt.23-10-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T