Patna High CourtCR. MISC./10625/2024dismissed

Rakesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10625 of 2024 Arising Out of PS. Case No.-517 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Rakesh Kumar S/O Late Shivan Ram Bhuiyan @ Shivam Bhuiyan VillageAzad Bigha, Ps. Madanpur, Dist. Aurangabad(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 517 of 2023 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's son Mahendra Yadav (deceased) was in a relationship with Sanju Kumari, which infuriated the petitioner. The petitioner along with other accused persons assaulted the son of the informant by means of fists, slap and sticks due to which he fainted and later succumbed to injury.

4. Learned counsel for the petitioner submits the petitioner is a person of clean antecedent, he has not committed any overt act. He further submitted that the petitioner was not

Patna High Court CR. MISC. No.10625 of 2024(2) dt.22-02-2024 2/2 present at the place of occurrence. Learned counsel submits that the petitioner is in custody since 04.12.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail and submitted that the name of the petitioner transpired during the investigation in a confessional statement made by one of the co-accused who participated in killing of Mahendra Yadav.

6. Considering the serious allegation levelled against the petitioner and the manner of murder, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application for regular bail stands dismissed.

(Sandeep Kumar, J) Sudha/- U T