Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82834 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== Rahul Kumar, aged about 24 years, male, Son of Arun Yadav @ Arun Kumar, Resident of Village - Baisa, P.S.- Parbatta, Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Aditya Narayan Singh-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2019 The petitioner seeks bail in connection with Pasraha P.S. Case No. 57 of 2019, dated 26.05.2019, instituted for the offences under Section 395 and 412 of the Indian Penal Code.

Though the petitioner has not been named in the F.I.R., but the looted truck and the contents were found behind the fodder house of the petitioner.

Learned counsel for the petitioner has submitted that he has not been put on test identification parade. The house behind which the fodder house is situated is in occupation of several persons of the family and the petitioner cannot at all be said to be in exclusive constructive

Patna High Court CR. MISC. No.82834 of 2019(2) dt.13-12-2019 2/2 possession of the looted articles.

The petitioner has clean antecedents and is in custody since 15.08.2019.

Considering the aforestated facts and the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 57 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T