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Patna High CourtCR. MISC./18320/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-07-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18320 of 2025 Arising Out of PS. Case No.-568 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Rahul Kumar Son of Rajesh Chaudhari @ Rajesh Chaudhary Resident of Village- Thalpura and P.s.- Masurhi, Distt.- Patna, PIN-804452 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mr Sikandar, Advocate For the State :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Masaurhi P.S. Case No. 568 of 2023 registered for the offence punishable under Sections 341, 323, 504, 302 and 506/34 of the Indian Penal Code.

3. Three accused persons including the petitioner are said to have assaulted the victim with a bamboo. One injury has been found on the head of the deceased.

4. Learned counsel for the petitioner submits that the postmortem report does not support the prosecution case and it appears that the informant is not an eye witness. He further submits that the deceased has died after two days of the occurrence and no offence under Section 302 of the Indian

Patna High Court CR. MISC. No. 18320 of 2025(5) dt.23-07-2025 2/2 Penal Code is made out. The petitioner is in custody since 09.09.2024.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned S.D.J.M., Masaurhi, Patna /concerned Court in connection with Masaurhi P.S. Case No. 568 of 2023.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed in the trial. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) P. Kumar U T