Rakesh Kumar @ Pataraka Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rakesh Kumar @ Pataraka Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Barh, Patna/concerned Court below in Ghoswari P.S. Case No. 81 of 2022, subject to the condition of furnishing a demand draft of Rs. 25,000/- in the name of the informant at the time of furnishing bail bonds, failing which the bonds shall not be accepted.

Issue for consideration

Whether the petitioner, in custody since 19.02.2024 in Ghoswari P.S. Case No. 81 of 2022 registered for offences under Sections 392, 411 IPC, should be released on regular bail (his third such application).

Court's answer

The bail application is allowed, considering the undertaking given by the petitioner (to pay part of the loss to the informant by demand draft) and also the period of custody.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Barh, Patna/concerned Court below in connection with Ghoswari P.S. Case No. 81 of 2022.

Key takeaways

As a condition of bail, at the time of furnishing bail bonds the petitioner must furnish a demand draft of Rs. 25,000/- prepared in the name of the informant; only then shall the Court below accept the bail bonds, and the demand draft shall be released in favour of the informant.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), Criminal Miscellaneous No. 7019 of 2025, decided 05-03-2025: Third regular bail application of the petitioner in Ghoswari P.S. Case No. 81 of 2022, registered for offences under Sections 392, 411 of the Indian Penal Code. The petitioner, accused of committing loot and in custody since 19.02.2024, undertook to pay Rs. 25,000/- to the informant by demand draft without prejudice to his case and without accepting guilt. Considering that undertaking and the period of custody, the Court allowed the application and directed release on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Barh, Patna/concerned Court below, subject to the condition that at the time of furnishing bail bonds the petitioner shall furnish a demand draft of Rs. 25,000/- prepared in the name of the informant; upon such furnishing, the Court below shall accept the bail bonds and the demand draft shall be released in favour of the informant.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7019 of 2025

Arising Out of PS. Case No.-81 Year-2022 Thana- GHOSWARI District- Patna

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

Rakesh Kumar @ Pataraka S/o Late Gulo Yadav @ Late Gulab Yadav R/o Village- Malpur, P.S.- Ghoswari, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mrs. Sharda Kumari ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 05-03-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2 . This is the third regular bail application on behalf of the petitioner in connection with Ghoswari P.S. Case No. 81 of 2022 registered for the offence under Sections 392, 411 of the Indian Penal Code.

3 . The petitioner is accused of committing loot. He is in custody since 19.02.2024.

4 . Learned counsel for the petitioner has submitted that the petitioner is ready to make good part of loss to the informant and undertakes to pay Rs. 25,000/- (Rupees Twenty Five Thousand) to the informant by way of demand draft without prejudice to his case and without accepting his guilty.

5 . Considering the undertaking given by the petitioner

Patna High Court CR. MISC. No.7019 of 2025(2) dt.05-03-2025 2/2

and also considering the period of custody, this application is allowed.

6 . Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Barh, Patna/concerned Court below in connection with Ghoswari P.S. Case No. 81 of 2022 subject to condition that:-

(I). At the time of furnishing the bail bonds, the petitioner shall furnish a demand draft of Rs. 25,000/- prepared in the name of the informant. If the petitioner furnishes the aforesaid demand draft prepared in the name of the informant, the Court below shall accept the bail bonds of the petitioner and the demand draft shall be released in favour of the informant.

(Sandeep Kumar, J)

Shishir/-

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