Dharmendra Kumar @ Rajat Kumar @ Kaliya @ Kali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8864 of 2023 Arising Out of PS. Case No.-592 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Dharmendra Kumar @ Rajat Kumar @ Kaliya @ Kali S/O Lalit Saw @ Lalit Sah @ Lalit Sao R/O- Santoshi Maa Mandir Gali, Khada Kuan, P.S.- Alamganj, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, 120B, 34 of the Indian Penal Code and Section 27 Arms Act. As per prosecution case, due to old animosity, this petitioner along with other co-accused persons shot dead husband of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Informant is not an eye witness of the alleged occurrence and not a single witness
Patna High Court CR. MISC. No.8864 of 2023(2) dt.17-04-2023 2/2 supported the prosecution version. Similarly situated coaccused Pawan Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 12.10.2022 passed in Cr. Misc. No. 40511 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 30.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 592 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City (District Patna).. (Sunil Kumar Panwar, J) Manish/- U T