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Patna High CourtCR. MISC./9604/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9604 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- KOTWALI District- Munger ====================================================== Rahul Kumar SON OF LATE Raju Mandal RESIDENT OF VILLAGESHYAMPUR, PO- BASUDEOPUR, PS- KOTWALI (BASUDEOPUR OP) DIST- MUNGER ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali (Basudeopur O.P.) P.S. Case No. 497 of 2023 registered for the offence under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the deceased was killed by unknown criminals.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case and on the basis of the confessional statement only, he is named in this case.

5. It is also submitted by the learned counsel for

Patna High Court CR. MISC. No.9604 of 2024(2) dt.20-02-2024 2/2 the petitioner that the petitioner has no criminal antecedent and he is in jail since 13.11.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and also considering the fact that the petitioner is not the assailant of the deceased, this application is allowed.

8. Let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali (Basudeopur O.P.) P.S. Case No. 497 of 2023.

(Sandeep Kumar, J) Vikas/- U T