Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77891 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- KORHA District- Katihar ====================================================== Rahul Kumar Son Of Dharmanand Mandal R/O Sitalpur, Simaria, P.O.- Baijnathpur, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Korha P.S. Case No. 104 of 2023 instituted for the offences under Sections 399 and 402 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that the police, on receipt of secret information, reached at the place of occurrence but, on seeing the police party, the people assemble there started to flee away but, somehow, the police apprehended some of them and seized a motorcycle, mobile phone and one sharp cutting weapon from them. Smell of alcohol was coming out from the mouth of the apprehended persons.

Patna High Court CR. MISC. No.77891 of 2023(2) dt.05-12-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to local politics. He further submits that the allegation made against the petitioner is general and omnibus in nature. He further submits that the mobile phone recovered from the possession of the petitioner is not the stolen one and, thus, nothing incriminating has been found from the possession of the petitioner. The petitioner has one criminal antecedent under the Arms Act. Learned counsel for the petitioner submits that the co-accused/Chandrashekhar Kumar has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 31.07.2023 passed in Cr. Misc. No. 37542 of 2023.

5. The petitioner is languishing in judicial custody since 24.03.2023.

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

7. Considering the entire facts and circumstances of the case as also taking into account the period of custody as also the nature of offence, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77891 of 2023(2) dt.05-12-2023 3/3 satisfaction of Court below/concerned Court in connection with Korha P.S. case No. 104 of 2023.

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