Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13995 of 2025 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rajan Kumar Son of Sukul Sahni Village -Sheikhpur PS -Ahiyapur DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1260 of 2023 instituted for the offence under Sections 302, 120(b) of the Indian Penal Code. 3.

As per prosecution case, on 01-10-2023, accused persons including the petitioner killed the informant's brotherin-law by slitting his throat after hatching conspiracy. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-10-2024. Petitioner is stated to be a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.13995 of 2025(2) dt.28-02-2025 2/3 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner and petitioner's name features in the later part of the FIR on the basis of suspicion. There is a land dispute between the Informant side and the co-accused Ravi Kumar. It is submitted that specific allegation of assault is against coaccused, namely, Ravi Kumar. Learned counsel for the petitioner further submits that the murder weapon was also recovered from the bathroom of the co-accused Ravi Kumar. Police after investigation has submitted the charge sheet.

6. Learned counsel for the petitioner again submits that the co-accused have also been granted bail by this Court vide orders both dated 05.03.2024 passed in Cr. Misc. Nos. 13600 of 2024 and 13583 of 2024 respectively.

7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and no direct allegation against the petitioner as also the prayer for bail based on parity, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.13995 of 2025(2) dt.28-02-2025 3/3 9.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 1260 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T