Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2037 of 2024 Arising Out of PS. Case No.-612 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Rahul Kumar S/o Sanjay Saw, Resident of Jakanpur New Yarpur, DBC in front of Rameshwar Apartment, P.S. Gardanibagh, Dist. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kameshwar Singh, Advocate.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No.612 of 2023, registered for the offences punishable under Section 414 of the Indian Penal Code.

3. As per the prosecution case, petitioner alongwith co-accused were caught red-handed by the public when they were fleeing on motorcycle after snatching mobile phone of one Dipendra Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to his criminal antecedents of four cases. He further submits that the alleged stolen Mobile has not been recovered from the possession of the petitioner. He also submits that

Patna High Court CR. MISC. No.2037 of 2024(3) dt.02-02-2024 2/2 petitioner is in custody since 26.08.2023, charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence .

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, 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, Patna, District Patna in connection with Gardanibagh P.S. Case No.612 of 2023, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T