Rahul Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66777 of 2019 Arising Out of PS. Case No.-353 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Rahul Sao, S/o Late Tuntun Prasad @ Late Tuntun Shaw, R/o MohallaRajendra Asharam, Near Parwati Mandir, P.S.- Civil Lines, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Civil Lines P.S. Case No.353 of 2019 (G.R.No.4017 of 2019/Tr.No.2329 of 2019) registered for the offence punishable under Sections 324, 353, 379 and 511 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. Learned counsel submits that there is no recovery from the conscious possession of this petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioner is that the petitioner has been falsely implicated, the FIR was lodged with delay of over three hours from the alleged time of occurrence and

Patna High Court CR. MISC. No.66777 of 2019(3) dt.22-01-2020 2/2 further that the money bag containing the amount was not snatched and petitioner has got no criminal history as also that he has remained in custody since 01.08.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No.353 of 2019 (G.R.No.4017 of 2019/Tr.No.2329 of 2019), subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T