Rahul Kumar Singh @ Bageri Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2577 of 2024 Arising Out of PS. Case No.-27 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Rahul Kumar Singh @ Bageri Singh @ Rahul Kumar S/O Late Chiraiy Singh @ Sujit Singh R/O Village- Madhurapur, Dakshinwari Tole, P.S- Teghra, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Thakur, Advocate For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Ujiyarpur P.S. Case No.27 of 2018, lodged on 10.02.2018, under Sections 394/411 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against unknown accused persons against whom there are allegations of snatching of cash and mobile from the informant who is a businessman.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 18.12.2020 and nothing incriminating has been recovered from the possession of the

Patna High Court CR. MISC. No.2577 of 2024(2) dt.31-01-2024 2/3 petitioner nor he was put on Test Identification Parade even when the informant has claimed in the FIR that he can identify the accused persons. Counsel for the petitioner further submits that there are two more criminal cases pending against the petitioner in which he is on bail. In paragraph-3 it has also been alleged by the petitioner that in the rejection order, information with regard to antecedent, three criminal cases against the petitioner is described which is not correct.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and this aspect may be taken into consideration at the time of consideration of bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail after framing of the charge, if not framed, and on ascertainment that the petitioner is accused in two criminal cases, i.e., (a) Teghra P.S. Case No.248/2020 (b) Teghra P.S. Case No.29/2018, and he is not absconding in other criminal cases on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai, Samastipur, in connection with Ujiyarpur P.S. Case No.27 of

Patna High Court CR. MISC. No.2577 of 2024(2) dt.31-01-2024 3/3 2018, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T