Rahul Kumar @ Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85006 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== RAHUL KUMAR @ RAHUL KUMAR SINGH SON OF SANTOSH SINGH RESIDENT OF VILLAGE- JAMUA, PS- KUTUMBA, DISTAURANGABAD ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kutumba P.S. Case No. 210 of 2023 registered for the offences punishable under Sections 341, 323, 353, 307, 34 of the Indian Penal Code.
3. As per prosecution case, on 12.09.2023 special drive was conducted by the informant and police officials to apprehend the absconders in liquor case. During the special drive informant received information that two vehicles carrying illicit liquor from Jharkhand have proceeded towards Village Sewa Bigha. On the said information, police reached there and seeing the police team one red colour vehicle started fleeing.
Patna High Court CR. MISC. No.85006 of 2023(2) dt.11-01-2024 2/3 Police chased the said vehicle but driver of white colour vehicle with intention to cause damage dashed the police vehicle due to which informant and driver sustained injury. It is further alleged that both the vehicles managed to escape.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is not named in the FIR and his name has been surfaced in this case upon the confessional statement of coaccused Dipak Kumar Singh. Except confessional statement, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner is not in any way connected with the alleged occurrence. Petitioner is in custody since 14.09.2023. Petitioner bears criminal antecedent of four cases in which he is on bail. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on
Patna High Court CR. MISC. No.85006 of 2023(2) dt.11-01-2024 3/3 record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 210 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T