← Library
Patna High CourtCR. MISC./85917/2023allowed

Rakesh Kumar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85917 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== Rakesh Kumar S/O Umesh Paswan R/O Vill- Tofir Gadiya P.S. Chautham, Dist- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chautham P.S. Case No. 217 of 2023, registered for the offences punishable under Sections 341, 342, 363, 392, 411 of the Indian Penal Code.

3. As per the prosecution case, informant had to go to Patna by train but on being asked, the petitioner along with 3 other co-accused persons took him to Bhagalpur by train and then compelled him to sit in a bus and thereafter in a tempo, after that they took him into jungle and looted Rs. 9,500/-.

4. Learned counsel for the petitioner submits that prosecution story is false and concocted. Nothing incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.85917 of 2023(2) dt.15-01-2024 2/2 petitioner or from the house of the petitioner. The petitioner has one criminal antecedent in which he is on bail. He is in jail custody since 17.07.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Khagaria in connection with Chautham P.S. Case No.217 of 2023. (Sunil Dutta Mishra, J) ravikr/- U T