Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70748 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Rahul Kumar Son of Late Anil Prasad Resident of Village - Gareria Bigha, P.S. - Ekanagarsarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Prasanna Dubey, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ghosi (Okari) P.S. Case No. 348 of 2024 instituted for the offence under Sections 309(6) & 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case, in short, is that on 01.07.2024, while traveling in his tempo, informant was looted near Barari Bridge by three persons who snatched his mobile, Rs.3,000/- cash, and tempo's key.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2025. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.70748 of 2025(2) dt.07-10-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during investigation on the basis of confessional statement of co-accused, namely, Deepak Kumar. Nothing has been recovered from the conscious possession of the petitioner. Tempo was recovered in an abandoned condition. There is no specific allegation against the petitioner. Petitioner was not even put on T.I.P. Other co-accused has been granted bail by this Court vide order dated 08-09-2025, passed in Cr. Misc. No. 40019 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghosi (Okari) P.S.

Patna High Court CR. MISC. No.70748 of 2025(2) dt.07-10-2025 3/3 Case No. 348 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T