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Patna High CourtCR. MISC./9923/2025bail rejected

Rahul Kumar Rawat v. The State Of Bihar

2025-04-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9923 of 2025 Arising Out of PS. Case No.-205 Year-2024 Thana- CHANDRAMANDI District- Jamui ====================================================== RAHUL KUMAR RAWAT S/O ASHOK RAWAT @ ASHOK RAW R/O VILL.- GHORPARAN, PS-LAXMIPUR, DIST-JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sri Kirshna Prasad Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chandramandih P.S. Case No. 205 of 2024 dated 28.10.2024 registered for the offences punishable under Sections 103(1), 238 read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the co-accused, Sunil Yadav has called the brother of the informant on phone. Upon being called, the brother of the informant went along with the co-accused, Sunil Yadav but till late night when he did not return, the informant along with others have started searching for his brother. Later on, he came to know that the co-accused,

Patna High Court CR. MISC. No.9923 of 2025(3) dt.08-04-2025 2/3 Sunil Yadav in connivance with other accused persons have killed the brother of the informant by assaulting him with firearm and knife and in order to conceal the evidence has thrown the dead body of the deceased in the Tilaiya Bahiyar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner has further submitted that there is no eye-witness to the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 31.10.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that as per para-28 of the case diary, the petitioner has confessed that he fired on the informant's brother causing injuries in his head and stomach due to which he died. As per post-mortem report of the deceased, the cause of death is due to firearm injury.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence

Patna High Court CR. MISC. No.9923 of 2025(3) dt.08-04-2025 3/3 against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Chandramandih P.S. Case No. 205 of 2024, pending in the Court of learned J.M.-1st Class, Jamui.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) shivam/- U T