Patna High CourtCR. MISC./265/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-01-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.265 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Rahul Kumar S/o Late Ramchandra Yadav R/o Village-Padampur, Ward no. 09, P.S.-Bihra, District-Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura P.S. Case no.279 of 2023 registered under sections 394 and 307 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he runs a CSP of the State Bank of India. While he was returning, two accused persons on a motorcycle stopped him, fired at him, injuring him and took away his bag containing the amount of Rs.2,35,700/.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. Referring to the order of the learned trial Court, it is submitted that the prosecution is mainly relying on the confessional statement of the petitioner

Patna High Court CR. MISC. No.265 of 2024(2) dt.24-01-2024 2/2 made before police. No incriminating article has been recovered from the petitioner's possession and inspite of being in custody since 6.6.2023, he has not been put on T.I. parade and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, no incriminating article having been recovered from his possession, his being in custody for more than 7 months since 6.6.2023 and chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Madhepura P.S. Case no.279 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Madhepura. (Partha Sarthy, J) Saurabh/- U T