Rahul Singh @ Rahul Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3162 of 2025 Arising Out of PS. Case No.-178 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Rahul Singh @ Rahul Raj S/o Upendra Singh Resident of Vill- Imaliya, P.SPali, Distt.- Jehanabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vandana Kumari, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP Mr. Rajesh Kr. Sharma, Adv. For Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, after relieving from house of his friend, husband of informant reached his house to have refreshment and as soon as he came out of the house, the informant heard sounds of gunshot. She further alleged that in the light of bulb, she identified some of the F.I.R. named coaccused persons, including this petitioner, fleeing away from the place of occurrence. She claims that the deceased disclosed that F.I.R. named accused persons have shot him.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Informant
Patna High Court CR. MISC. No.3162 of 2025(3) dt.04-07-2025 2/2 is not eye-witness to the alleged occurrence, as from perusal of F.I.R., it transpires that informant has not seen the occurrence as to who fired the deceased. Only fact, which has come against petitioner, is that he alongwith other three co-accused persons were seen fleeing away from the place of occurrence. Similarly situated co-accused Sinku @ Sinku Singh and Dhiraj Kumar @ Dhiraj Singh have been granted bail by orders passed by coordinate Benches of this Court, vide Cr.Misc. No. 27548/2024 and Cr.Misc. No. 81513/2024 respectively. Petitioner is in custody since 22.07.2024.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner 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 Addl. District & Sessions Judge - XV, Gaya in connection with Sessions Trial No. 697/2024, G.R. No. 2054/2023, arising out of Muffasil P.S. Case No. 178/2023.
(Prabhat Kumar Singh, J) anay U T