Patna High CourtCR. MISC./86604/2023bail granted

Rahul Singh @ Tiwary v. The State Of Bihar

2024-01-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86604 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Rahul Singh @ Tiwary S/O Shyama Singh R/O Village- Laxminiya, P.SBaruraj, Distt.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Baruraj P.S. case No. 24/22 instituted for the offences under Section 392 of Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant was coming from Muzaffarpur with ornaments made up of gold and silver for his shop, the accused persons dashed with the informant due to which he fell down and all his belongings were robbed by the accused persons and thereafter they fled away.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.06.2022 and has six

Patna High Court CR. MISC. No.86604 of 2023(2) dt.19-01-2024 2/3 criminal antecedents. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. The petitioner has been remanded in the present case from Baruraj P.S. case No. 140/21 on 21.06.2022. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Md. Suhail. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baruraj P.S. case No. 24/22 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.86604 of 2023(2) dt.19-01-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T