Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 71664 of 2019 Arising Out of PS. Case No.-310 Year-2019 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Rahul Kumar aged about 20 years (Male), Son of Ajay Mistri Resident of Village - Dhanauti, P.S.- Masaudhi, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
31-01-2020 Heard learned counsel for the parties.
The petitioner seeks bail in Sri Krishna Puri P.S. Case No. 310 of 2019 registered for the offence under Section 364(A) of the Indian Penal Code.
The F.I.R. has been lodged against unknown with regard to kidnapping of staff of informant, who subsequently escaped from the clutches of the kidnappers and it is alleged that petitioner in collusion with others has kidnapped the boys. It is submitted on behalf of petitioner that F.I.R. was lodged against unknown and petitioner has falsely been implicated in this case only on suspicion. It is further submitted that there is no whisper against the petitioner either in the F.I.R. or in the statement of the victim boys recorded under Section 164 Cr.P.C. It is further submitted that some of the co-accused
Patna High Court CR. MISC. No.71664 of 2019(3) dt.31-01-2020 2/2 have already been granted bail by this Court, vide order dated 18-12-2019 passed in Cr.Misc. No. 74043/2019 (Dipak Kumar) and order dated 26-11-2019 passed in 72176 of 2019 (Ashish Kumar). Petitioner is in custody since 03-09-2019, having no criminal antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th cum Sub Judge 4th, Patna in connection with Krishna Puri P.S. Case No. 310 of 2019 on the following conditions:
"(1) Petitioner shall cooperate 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T