Mukesh Kumar @ Mukesh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7051 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== MUKESH KUMAR @ MUKESH KUMAR RAJAK Son of Late Deonandan Rajak Resident of Village- Katari, P.S.- Mahkar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. R.N. Sinha, Sr. Adv :

Mr. Rajesh Kumar, Mr. Ranjit Kr. Pandey For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 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 sections 302/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner is indulged in hatching conspiracy to kill the informant's brother namely, Ravi Kumar in connivance with others who was working as temporary sweeper in the Registry office, Daudnagar.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. It is further submitted vide para 15 of the petition that

Patna High Court CR. MISC. No.7051 of 2023(3) dt.21-06-2023 2/2 the deceased Ravi Kumar fell down while he was removing the ceiling fan and sustained injury on his head which was accidental thereafter, he died during course of treatment. After completion of the investigation, charge-sheet has been submitted by police under section 304A of the I.P.C. not u/s 302 of I.P.C. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.11.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daudnagar P.S. Case No. 315 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U T