Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16720 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== Rahul Kumar Son of Ramnath Prasad Resident of Mohalla- Agrasen Bhawan Ke under at Gaya, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, some unknown persons killed the son of the informant and his dead body was kept outside his door and thereafter his dead body was brought for postmortem to ANMCH, Gaya by the police. FIR was registered against unknown.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.16720 of 2024(3) dt.15-05-2024 2/2 of the petitioner has come into light, on the basis of spy. There is no specific overt act against the petitioner. No one is the eye witness of the occurrence rather only on the basis of suspicion, petitioner has been implicated in the present case. From the perusal of the postmortem report, the doctor opined that old injuries have been found on the body of the deceased. He is languishing in judicial custody since 10.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Kotwali P.S. Case No. 474 of 2023.

(Sunil Kumar Panwar, J) sushma/- U