Patna High CourtCR. MISC./83799/2023bail granted

Rahul Kumar v. The State Of Bihar

2024-03-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83799 of 2023 Arising Out of PS. Case No.-646 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Rahul Kumar, S/O Sanjay Kumar Resident Of Village- Hari Dutt Bigha, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 646 of 2023, lodged on 30.08.2023 under Sections 395, 397 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against two named and six unknown accused persons against whom there is an allegation of committing dacoity in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is neither been apprehended on the place of the occurrence nor any allegation has been made against him. Counsel further submits that the name of the

Patna High Court CR. MISC. No.83799 of 2023(3) dt.21-03-2024 2/2 petitioner has been figured in this case only by virtue of confessional statement of the accused namely Manish Kumar. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 05.09.2023.

5. Learned counsel for the petitioner submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Counsel further submits that charge-sheet has already been submitted in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya in connection with Fatehpur P.S. Case No. 646 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T