Rahul Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Rahul Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner 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 Court below, subject to conditions: one bailor to be an own/close family member; appearance on each and every trial date; Trial Court liberty to cancel bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner should be released on bail in connection with Mohammadpur P.S. Case No. 278 of 2022, instituted for offences under Section 395 IPC.

Court's answer

Bail granted to the petitioner, the Court being inclined thereto considering the facts and circumstances of the case, the claim based on parity (co-accused Chhotu Manjhi already bailed), and the period of custody undergone by the petitioner.

Ratio / Principle

Petitioner to 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 Court below/concerned Court in connection with Mohammadpur P.S. case No. 278 of 2022, subject to conditions, including that one of the bailors shall be an own/close member of the petitioner's family.

Key takeaways

Condition imposed that the petitioner shall appear on each and every date fixed at the trial; in case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.ratio¶¶25

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.), oral order dated 14-03-2024 in Cr. Misc. No.18738 of 2024, arising out of Mohammadpur P.S. Case No. 278 of 2022, District Gopalganj: bail granted to petitioner Rahul Kumar Singh charged under Sections 395 IPC in a case where unknown miscreants overtook the informant's car and, at pistol point, snatched his key and fled with the vehicle. Petitioner not named in the F.I.R.; his name transpired through the confessional statement of co-accused Chhotu Manjhi, who had already been granted bail by a co-ordinate Bench vide order dated 13.03.2024 in Cr. Misc. No. 21026 of 2024. Counsel noted T.I.P. not conducted, no recovery from conscious possession, custody since 19.07.2023, and six criminal antecedents; the A.P.P. opposed the prayer. Bail allowed on parity and period of custody: bail bonds of Rs.10,000/- with two like sureties; one bailor to be an own/close family member; petitioner to appear on every trial date, failing which, on default on two consecutive dates, the Trial Court may cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18738 of 2024

Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj

======================================================

Rahul Kumar Singh SON OF Satyendra Singh Resident of village -Parauli Siswania Tola P.S-. Nabiganj District -Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 14-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mohammadpur P.S. case No. 278 of 2022 instituted for the offences under Sections 395 of the Indian Penal Code.

Prosecution case, in short, is that some unknown miscreants boarded on Maruti Swift vehicle overtook the Car of the informant and on the point of pistol they have snatched his key and fled away with the vehicle.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.18738 of 2024(2) dt.14-03-2024 2/3

the co-accused Chhotu Manjhi who has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 21026 of 2024. Learned counsel further submitted that T.I.P. has not been conducted till date. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2023 and has six criminal antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner 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 Court below/concerned Court in connection with Mohammadpur P.S. case No. 278 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.18738 of 2024(2) dt.14-03-2024 3/3

fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Alok Verma/-

U T