Rahul Singh @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20040 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- BIHARSHARIF District- Nalanda ====================================================== RAHUL SINGH @ RAHUL KUMAR Son of Late Mahendra Prasad singh Resident of Village - Patel Nagar, Ramchandrapur, P.S.- Laheri, Distt.- Nalanda, Biharsharif.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shrawan Kumar, Sr. Adv.
Mr. Dinesh Maharaj, Adv.
For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2021 Heard Mr. Shrawan Kumar , learned senior counsel for the petitioner and Ms. Rina Sinha, Additional Public Prosecutor for the State through video conferencing.
2. Petitioner seeks regular bail in connection with Bihar PS Case No. 129/2020 registered for the offence punishable under Sections 341, 342, 323, 307, 326, 302/34 of the IPC.
3. The allegation, as per First Information Report, is that while informant along with his brother, Maksood Khan @ Pappan Khan and some other persons were playing cricket in the field, FIR named accused persons along with three unknown persons variously armed arrived at the place of occurrence and on the instigation of co-accused person, one Abhay Kumar @
Patna High Court CR. MISC. No.20040 of 2021(2) dt.09-07-2021 2/3 Baua Gope fired upon the brother of the informant, Maksood Khan @ Pappan Khan, due to which he died.
4. Learned senior counsel for the petitioner submits that the petitioner is not named in the FIR and he has been dragged in this case on the basis of confessional statement made by the co-accused, Manish Pandey and Sonu Kumar. Learned senior counsel further submits that similarly situated co-accused persons, who are named in the FIR, have been granted bail by the Benches of this Court in Cr. Misc. No. 35468/2020 and 35745/2020.
5. Learned senior counsel next submits that chargesheet in the matter has been submitted and petitioner is in custody since 30.11.2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by this Court, charge-sheet in the matter has been submitted and petitioner is in custody since 30.11.2020, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, RAHUL SINGH @ RAHUL KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.20040 of 2021(2) dt.09-07-2021 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar PS Case No. 129/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T