Patna High CourtCR. MISC./98/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.98 of 2023 Arising Out of PS. Case No.-93 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== RAHUL KUMAR S/O SHIV SHANKAR RAY @ NANHKI R/v- Shahid Raja Chawk, P.S.- Vidyapatinagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachwara P.S. Case no.93 of 2021 registered under section 392 of the Indian Penal Code and wherein cognizance has been taken under sections 392, 397 and 120B of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that while he was returning on his motorcycle, three accused persons on the point of pistol looted him of his motorcycle and other articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation. No incriminating article has been recovered from the petitioner's possession and

Patna High Court CR. MISC. No.98 of 2023(2) dt.29-04-2023 2/2 the cause of false implication of the petitioner is his antecedents. Inspite of the petitioner being in custody since 17.8.2021, he has not been put on T.I. parade.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, no incriminating article having been recovered from the petitioner's possession, the petitioner being in custody for 1 year 8 months since 17.8.2021, not having been put on T.I. parade and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bachwara P.S. Case no.93 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Saurabh/- U T