Rajesh Kumar @ Rajesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10704 of 2025 Arising Out of PS. Case No.-87 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Rajesh Kumar @ Rajesh Sharma, aged about 26 years, Male, Son of Ravindra Mistri, Resident of Village- Kathara, Katahra, P.S.- Kishanpur, DistrictSupaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocated For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Kishanpur P.S. Case No. 87 of 2023 registered for the offences punishable under Sections 302, 201, 120(B), and 364/34 of the I.P.C.
3. As per allegation in the FIR, it is a case of commission of murder of the informant's son, namely, Prince Kumar by petitioner and his associates after making several assault over his head and according to police official his dead body was found with profused bleeding near Hanuman Temple of Kosi.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and
Patna High Court CR. MISC. No.10704 of 2025(2) dt.14-02-2025 2/3 falsely been implicated in this case due to confessional statement of co-accused. He next submits that petitioner is not named in the FIR and his name transpires in this case on the basis of confessional statement of one Prem Kumar, who is on bail. He lastly submits that nothing has been recovered from the conscious possession of the petitioner. He has been made accused only on the basis of suspicion and confessional statement of the co-accused. Petitioner is in judicial custody since 22.09.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and seizure list, and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused person namely Raja @ Raja Kumar @ Raja Kamat and Prem Kumar have been granted bail by this Court and a Bench of this Court in Cr. Misc. Nos. 6420 of 2024 and 47923 of 2023 vide orders dated 16.02.2024 and 10.08.2023 respectively, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Supaul, in
Patna High Court CR. MISC. No.10704 of 2025(2) dt.14-02-2025 3/3 connection with Kishanpur P.S. Case No. 87 of 2023. (Ramesh Chand Malviya, J) Anand Kr.
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