Rahul Kumar vs The State Of Bihar
2021 Latest Caselaw 371 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32249 of 2020
     Arising Out of PS Case No.-97 Year-2020 Thana- SITAMARHI District- Sitamarhi
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Rahul Kumar, Gender-Male, Aged about 24 years, Son of Bali Yadav, Resident of Village - Rautara, P.S.- Rautara, District- Katihar.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s     :        Mr. Sanjay Kumar No 1, Advocate
For the State            :        Mr. Anil Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Sanjay Kumar No. 1, learned counsel for the

petitioner and Mr. Anil Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Sitamarhi PS Case No. 97 of 2020 dated 06.02.2020, instituted

under Sections 399/401/414 of the Indian Penal Code and 20/22 of

the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that when the

police, on secret information that 4-5 persons had assembled to

commit crime, came to the place, out of five persons, two managed

to run away and three were caught, including the petitioner and

from the petitioner one instrument used in opening lock of dicky

of motorcycle, one small knife and a mobile phone was recovered.

Patna High Court CR. MISC. No.32249 of 2020 dt.27-01-2021

4. Learned counsel for the petitioner submitted that only

on suspicion, he has been arrested. It was further submitted that

the petitioner was not arrested in committing any offence and he

has clean antecedent and is in custody since 07.02.2020.

5. Learned APP, submitted that instrument for opening

the lock of dicky of motorcycle has been recovered from him

along with a small knife.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Sitamarhi in Sitamarhi PS Case No. 97 of 2020, subject to the

conditions (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence the

witnesses. Any violation of the terms and conditions of the bonds

or the undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the Patna High Court CR. MISC. No.32249 of 2020 dt.27-01-2021

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T