Patna High CourtCR. MISC./77552/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77552 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Rahul Kumar Son Of Ashok Paswan R/O Village- Amaithi, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Arun Kumar, 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 Wazirganj P.S. case No. 247 of 2023 instituted for the offences under Sections 456 and 379 of the Indian Penal Code.

3. As per the prosecution case, two miscreants boarded on motorcycle snatched the bag of the informant containing cash Rs. 3 lakh.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.07.2023 and has one criminal antecedent but is on bail. The petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has falsely been

Patna High Court CR. MISC. No.77552 of 2023(2) dt.05-12-2023 2/2 implicated in the present case. No specific overt act is alleged against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner has been made accused in this case on the basis of the CCTV footage of the alleged occurrence.

6. Considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from the possession of the petitioner, as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Wazirganj P.S. case No. 247 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T