Patna High CourtCR. MISC./69922/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-12-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69922 of 2018 Arising Out of PS. Case No.-482 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Rahul Kumar, Son of Sudhir Prasad, Resident of Village- Tej Bigha, P.S.- Kako, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Kishore Singh, Advocate.

For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Jehanabad P.S. Case No. 482 of 2018 instituted for the offence under Section(s) 363 and 366 Indian Penal Code.

Counsel for the petitioner submits that Mobile number which is mentioned in the written report from which call had been received on the Mobile of daughter of informant does not belong to the petitioner. Police has arrested the petitioner on the basis of location of Mobile Tower and recorded his confessional statement as mentioned in paragraph-8 of the case diary. The Sessions Judge has relied on the aforesaid paragraph and rejected the prayer for bail of the petitioner. This Court finds that besides confessional statement

Patna High Court Cr.Misc. No.69922 of 2018(3) dt.13-12-2018 2/2 of petitioner before the Police, there is no allegation of overt act against petitioner.

Petitioner is in custody since 22.8.2018 having clean antecedent.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 482 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) S.Ali/- U T