Patna High CourtCR. MISC./80347/2023allowed

Rahul Kumar v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80347 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== RAHUL KUMAR SON OF BIRENDRA PRASAD RESIDENT OF VILLAGE- GOSNAGAR, PS- RAJNAGAR, DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. As per prosecution case, while the informant and his cousin were going to his home, in the meantime, four unknown miscreants intercepted them and snatched cash of Rs. 5700/-, mobile phones and motorcycle of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.80347 of 2023(2) dt.14-12-2023 2/2 Ajay Mahto. One keypad mobile is said to have been recovered from possession of the petitioner but the same was not tallied with the looted phone and the looted motorcycle has not been recovered as yet. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 19.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection withBairav Ashtan P.S. Case No. 89 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T