Rahul Kumar @ Rahul Malik @ Rahul Mallick v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83688 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Rahul Kumar @ Rahul Malik @ Rahul Mallick Son of Umesh Mallik villageGandhi Path, Ps- Saharsa, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2025 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 sections 394 and 504 of the Indian Penal Code and Section 27 of Arms Act.
3. The case of the prosecution is that the father of the informant was coming from his village and when arrived at Saharsa Railway Station, there was raining that is why he went in a shed near Rama Electronics Shop. In the meanwhile, two boys came there and asked him as to where he has to go. After this, they demanded cash to drop him to Trimurthi Chowk. When the father of the informant denied to provide any cash,
Patna High Court CR. MISC. No.83688 of 2024(3) dt.05-02-2025 2/3 they started abusing and fired at his father which hits the back of the informant's father. It is also alleged that the accused persons have also taken mobile of the informant's father.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner was arrested in Saharsa Sadar P.S. Case No. 620 of 2023 and in that case, he has given his confessional statement and on the basis of that confessional statement, the petitioner was remanded in this case. It is next submitted that nothing has been recovered from the conscious possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 22.12.2023
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with S.T No. 131 of 2024 arising out of Saharsa Sadar P.S. Case No. 578 of 2023 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.83688 of 2024(3) dt.05-02-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II, Saharsa.
(Ashok Kumar Pandey, J) Sudhanshu/- U T