Rahul Kumar @ Mod @ Rahul Rai @ Mor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15342 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- BYPASS District- Patna ====================================================== Rahul Kumar @ Mod @ Rahul Rai @ Mor Son Of Sri Munna Kumar @ Munna Yadav R/O Mohalla- Durga Charan Lane, P.S- Alamganj, Dist- Patna (City) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that while the brother of informant and one Chandan Kumar were standing near Shitla Mandir Road, Roopwati Community Hall, after parking his Scooty, some criminals attaked and fired upon the brother of informant which hit on his

Patna High Court CR. MISC. No.15342 of 2023(2) dt.28-04-2023 2/3 cheek and when Chandan Kumar intervened, criminals also fired upon him, which hit on his head. It is further alleged that brother of informant and Chandan Kumar succumbed to gun shot injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from the conscious possession of the petitioner. The name of petitioner sprang up in this case on the confessional statement of co-accused Santosh Kumar Keshari @ Chiku. Moreover, the petitioner is languishing in judicial custody since 17.10.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.15342 of 2023(2) dt.28-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bye-pass P.S. Case No. 372 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Patna City. (Sunil Kumar Panwar, J) Nirajkrs/- U T