Allowed¶24

Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar v. The State of Bihar

Patna HC20 Jul 2024CR. MISC./32559/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Patna High Court; Khatim Reza; CRIMINAL MISCELLANEOUS No.32559 of 2024; Kusheshwar Asthan PS Case No. 254 of 2023; GR Case No. 659 of 2023; Sections 379, 411/34 IPC; mobile theft; Akshay Mukhiya; Rahul Kumar alias Rahul Mukhiya alias Rahul Sahani; Darbhanga; SDJM Birual; bail bond Rs. 10,000; two sureties; surrender within six weeks; false implication; no criminal antecedents; seizure list; Soharwa Dakbangla.

What did the court decide?

Prayer for anticipatory bail allowed conditionally: release upon arrest/surrender within six weeks on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Birual, Dist. Darbhanga, subject to Section 438(2) Cr.P.C. conditions. ¶24

Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar Vs… — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Kusheshwar Asthan P.S. Case No. 254 of 2023 instituted for offences under Sections 379 and 411/34 IPC.

¶13-14

Court's answer

On arrest or surrender of the petitioner within six weeks in Kusheshwar Asthan P.S. Case No. 254 of 2023 (corresponding GR Case No. 659 of 2023), he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court of SDJM, Birual, Dist. Darbhanga, subject to the conditions laid down under Section 438(2) Cr.P.C.

¶24

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Khatim Reza, J.), oral order dated 20-07-2024 in CRIMINAL MISCELLANEOUS No.32559 of 2024, arising out of Kusheshwar Asthan P.S. Case No. 254 of 2023 dated 21.07.2023, District Darbhanga (corresponding GR Case No. 659 of 2023). Petitioner Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar, booked under Sections 379 and 411/34 IPC over alleged mobile thefts (implicated through co-accused Akshay Mukhiya's statement; two mobiles seized from the latter's house), pleaded false implication, presence of his family at Cuttack (Odisha) on the occurrence date, that no complaint was lodged for the seized mobiles, and absence of criminal antecedents; the A.P.P. opposed the prayer. Held: in the event of arrest/surrender within six weeks, the petitioner shall be released on anticipatory bail on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court of SDJM, Birual, Dist. Darbhanga, subject to the conditions under Section 438(2) Cr.P.C.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32559 of 2024

¶2

Arising Out of PS. Case No.-254 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga

¶3

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

¶4

Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar Son of Manoj Sahni @ Manoj Sahani Resident of Mahisaut, P.S.- Tileshwar O.P. (Kusheshwar Asthan), Dist.- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Jha, Adv. For the Opposite Party/s : Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

¶10

2 20-07-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P. for the State.

¶13

The petitioner apprehends arrest in connection with

¶14

Kusheshwar Asthan P.S. Case No. 254 of 2023 dated 21.07.2023, instituted for the offence punishable under Sections 379 and 411/34 of the Indian Penal Code.

¶15

The prosecution case, in short, is that the informant got a tip off that the villager caught a thief on the charge of mobile theft and when he reached at the Soharwa Dakbangla at 12.30 PM, he found that a boy was being caught by the villagers and was being beating up. On query, the apprehended boy told his name as Akshay Mukhiya and during search, a blue colour Samsung mobile was recovered from the lower pocket of the

¶16

Patna High Court CR. MISC. No.32559 of 2024(2) dt.20-07-2024 2/4

¶17

pant of the apprehended boy and when the informant demanded document of the said mobile, he has failed to produce paper of the said mobile. On being interrogated, the said miscreant told that he along with Rahul Sahni (petitioner) had stolen the said mobile from village Buchauli and they have also committed theft of mobiles from village Jhiloriya, Buchauli and Jafarpur. It is further alleged that on the statement of accused Akshay Mukhiya, a search was made in the house of the said miscreant and two mobiles have been recovered from his house and seizure list has been prepared accordingly.

¶18

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that police arrested one person, namely, Akshay Mukhiya and recorded his confessional statement in which the involvement of the petitioner in a theft case has surfaced. It is further submitted that after the disclosure made by the apprehended persons, namely, Akshay Mukhiya the police raided the house of the petitioner, where two mobile phones were seized, which belong to the uncle and sister-in-law of the petitioner. It is submitted that the Kusheshwar Asthan police station never approached the house of the petitioner nor recovered any kinds of mobiles. It is submitted that on the

¶19

Patna High Court CR. MISC. No.32559 of 2024(2) dt.20-07-2024 3/4

¶20

alleged date of occurrence, the grandfather of the petitioner, namely, chilittar Mukhiya called by the local chaukidar and when the grandfather of the petitioner reached at the police station, the concern police officer asked him to call his grand son, namely Rahul Mukhiya ( petitioner) otherwise ready to face the consequence. After lapse of two days, the Police officer of the Kusheshwar Asthan PS took his signature on a plain paper and the same has been used for preparation of seizure list. It is further submitted that on the date of alleged occurrence the petitioner along with his entire family members were living at Cuttak, Odisha, where the petitioner is student of graduation and preparing for competitive examination. It is next submitted that nobody lodged any complaint for the said seized mobile which is alleged to be a stolen mobile. Lastly, it has been submitted that the petitioner has no criminal antecedents.

¶21

Learned A.P.P. has opposed the prayer for bail of the petitioner.

¶22

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kusheshwar Asthan P.S. Case No. 254 of 2023 corresponding to GR Case No. 659 of

¶23

Patna High Court CR. MISC. No.32559 of 2024(2) dt.20-07-2024 4/4

¶24

2023 he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of SDJM, Birual, Dist. Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.

¶25

(Khatim Reza, J)

¶26

shyambihari/-

¶27

U T

Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Rahul Mukhiya @ Rahul Sahani @ Rahhl Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Latan Yadav @ Amresh Kumar Vs The State of Bihar

Vishwanath Ray Vs The State of Bihar

Israil Vs The State of Bihar

Shiv Shankar Kumar @ Karu Vs The State Of Bihar

Geeta Devi Vs The State of Bihar

Manoj Kumar Vs The State of Bihar