Rahul Kumar @ Rahul Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15003 of 2025 Arising Out of PS. Case No.-81 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== Rahul Kumar @ Rahul Sardar S/O Shailendra Sardar @ Shailendra Kumar R/O Vill.- Daparkha, P.S.- Triveniganj, Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-10-2025 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 Treveniganj P.S. Case No. 81 of 2020 dated 03.04.2020 registered for the offence/s punishable u/ss 302 and 120B of the Indian Penal Code.

3. As per the prosecution case, the informant's son had gone to irrigate his field but he did not return till late night thereafter the informant along with the family members went to their field, where they found that the dead body of his son, Ajay Kumar was lying. It is further alleged that the petitioner and the co-accused persons committed the murder of his son and threw his dead body in the maize field. It is further alleged that prior to

Patna High Court CR. MISC. No.15003 of 2025(3) dt.30-10-2025 2/3 the alleged occurrence, the petitioner and the co-accused persons abused the informant's son and threatened to kill him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has already been submitted against the petitioner and the co-accused persons. There is no eyewitness to the alleged occurrence. There is no specific allegation of assaulting the informant's son against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody in this case since 13.11.2024. The co-accused Arti Kumari has already been granted anticipatory bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 53093 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that prior to the alleged occurrence, the petitioner abused and threatened the deceased to kill him. Earlier the anticipatory bail petition of the petitioner was rejected by this Court vide order dated 12.03.2024 passed in Cr. Misc. No. 53093 of 2023.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.15003 of 2025(3) dt.30-10-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Treveniganj P.S. Case No. 81 of 2020, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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