Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75581 of 2018 Arising Out of PS. Case No.-381 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rahul Kumar S/o Manoj Kumar Jha Resident of Village-Ramnagar,P.S. Sakra,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advoate For the Opposite Party/s :

Mr. Smt. Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Motihari Town P.S. Case No. 381 of 2018 registered for the offences punishable under Sections 420, 406, 379, 414, 467, 468, 471, 413/34 of the Indian Penal Code and Section 43, 46(C) I.T. Act.

On suspicion, police apprehended petitioner and one other co-accused. On search, A.T.M. cards, documents and other articles were recovered from their possession. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion.

Patna High Court Cr.Misc. No.75581 of 2018(2) dt.18-12-2018 2/2 Similarly placed co-accused has been granted bail by this court in Cr. Misc. No. 62988 of 2018 vide order dated 25.102018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 381 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T