Rahul Kumar @ Boka @ Rahul Kumar Boka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41060 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Rahul Kumar @ Boka @ Rahul Kumar Boka, Son of Guddu Mukhiya, Resident of D.B. Road, Ward No.10, P.S.- Saharsa, District- 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. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 392 of 2018 registered for the offence punishable under Section 401 of the Indian Penal Code. The prosecution case, as lodged by the informantpolice personnel, is that during night patrolling, the petitioner and three others were found in a suspicious condition, who seeing the police personnel, tried to flee away, but were apprehended. From the possession of other co-accused some items like, iron rod, rinch and screw driver were recovered and from the possession of the petitioner, one knife was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41060 of 2018(2) dt.12-07-2018 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that no overt act has been committed and co-accused from whose possession iron rod was recovered, has since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 34969 of 2018 vide order dated 20.06.2018. The petitioner is languishing in judicial custody since 01.04.2018.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 392 of 2018, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will cooperate in

Patna High Court Cr.Misc. No.41060 of 2018(2) dt.12-07-2018 3/3 the investigation and will appear before the Police/ Court as and when required and failure to appear will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T