Allowed

Rahul Kumar v. The State of Bihar

Patna HC9 Sept 2024CR. MISC./61068/2024

Case brief

AI extract

What is this about?

Regular bail application for offences under sections 399, 402 IPC and sections 25(1-b)a, 26 and 35 of the Arms Act after apprehension with co-accused preparing to commit crime. Court considered custody period and facts, enlarged the petitioner on bail bonds.

What did the court decide?

Petitioner enlarged on bail on furnishing bail-bond of Rs.20,000 with two sureties of like amount each.

Rahul Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61068 of 2024

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Arising Out of PS. Case No.-151 Year-2024 Thana- NAUGACHIA District- Bhagalpur

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

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Rahul Kumar S/o Manoj Tiwary Resident of Village - Lal Pokhar Digghi, P.S. - Hajipur, Dist. - Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr.Raju Kumar Goshwami, Adv. Ms. Diksha Kumari, Adv. For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 09-09-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 151 of 2024 dated 03.05.2024 registered for the offences punishable u/ss 399, 402 read with Section 25(1-b)a, 26 and 35 of the Arms Act.

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3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have gathered at the Bandhu Hotel for making preparation to commit crime. Police apprehended 9 accused persons including the petitioner. It is further alleged that one mobile phone was recovered from the

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Patna High Court CR. MISC. No.61068 of 2024(2) dt.09-09-2024 2/2

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possession of the petitioner.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The recovery of mobile has been made from the petitioner which belonged to him. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 151 of 2024.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

Rahul Kumar v. The State of Bihar

Case brief

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Rahul Kumar v. The State of Bihar

Case brief

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