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Patna High CourtCR. MISC./14575/2024allowed

Raju Kumar @ Raju Kumar Ray @ Rajdev Ray v. The State Of Bihar

2024-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14575 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Raju Kumar @ Raju Kumar Ray @ Rajdev Ray S/o- Ramjapit Ray R/O Village- Akbarpur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the F.I.R., the allegation against the petitioner along with other co-accused persons is that they committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act of firing has been levelled against the petitioner rather the specific allegation against co-accused Harischandra Rai who shot fire upon the informant's son due which he died. A statement has

Patna High Court CR. MISC. No.14575 of 2024(3) dt.02-05-2024 2/2 been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 17.02.2024 in Cr. Misc. No. 7962 of 2024. Moreover, the petitioner is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Kalyanpur P.S. Case No. 245 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T