Rahul Kumar Yadav @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76382 of 2025 Arising Out of PS. Case No.-360 Year-2024 Thana- DURAULI District- Siwan ====================================================== Rahul Kumar Yadav @ Rahul Kumar Son of Vishwanath Yadav R/o VillageAranda Tola, P.S.- M.H.Nagar, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darauli P.S. Case No. 360 of 2024 dated 14.11.2024 registered for the offences punishable u/s 309(4) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, On 13.11.2024 at about 9:00 P.M., the informant was returning to his home after closing his shop. In the meantime, four unknown miscreants intercepted his motorcycle and started abusing him and on the point of weapons they snatched his motorcycle and one mobile phone of Oppo company.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.76382 of 2025(2) dt.01-12-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case merely on the basis of his self confessional statement. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner has no concern with the alleged offence. Similarly situated co-accused person has already been granted bail by this Court vide order dated 06.05.2025 passed in Cr. Misc. No. 25744 of 2025. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 17.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Darauli P.S. Case No. 360 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below
Patna High Court CR. MISC. No.76382 of 2025(2) dt.01-12-2025 3/3 on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T