Rahul Kumar @ Billu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14227 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

RAHUL KUMAR @ BILLU, 2.

Rajan Kumar, Both Sons of Pramod Prasad @ Pramod Kumar, 3.

Pramod Prasad @ Pramod Kumar, Son of Late Ram Prasad Prasad @ Ram Prasad Sah, All Residents of Village - Lagunaha, P.S. - Chautarwa, District - West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceeding. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Prosecution case in brief is that on 30.12.2019, the husband of the informant namely Ajit Kumar Jayswal @ Pappu Kumar Jayswal was going his Fulwari (Garden) land. The informant further stated that five persons were sitting earlier near the Dhankutti Mill of Hosil pressed in which three persons were taken Kulhari in which first miscreant namely Pramod

Patna High Court CR. MISC. No.14227 of 2020(4) dt.25-09-2020 2/3 Prasad, second Rahul Kumar @ Bille and Rajan Kumar, Kaushilya Devi and Kajal Devi all the five persons killed the husband of the informant by Kulhari (Tangi) on head, neck and kanpatti, the husband of the informant came at Bagaha Govt. Sub-Divisional Hospital by police. Which was refereed at M.J.K. Hospital, Bettiah where the doctor declared dead. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them. They have falsely been implicated in this case. There is land dispute between the parties. Title Suit No. 20/2017 (Pramod Kumar Vs. Ganesh Tiwary & others) is pending in the court of the learned Munsif, Bagaha (West Champaran). The petitioners have got clean antecedent which is mentioned in para-3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition of the petitioners.

From perusal of the records including the case diary, it is apparent that there is direct and specific allegation for committing murder and under a planned conspiracy. There is sufficient material available against the petitioners. In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail. Accordingly, the

Patna High Court CR. MISC. No.14227 of 2020(4) dt.25-09-2020 3/3 prayer for anticipatory bail of the petitioners are rejected in connection with Chautarwa P.S. Case No. 345 of 2019 from the Court of learned A.C.J.M.-1st, Bagha (West Champaran). Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T