Md. Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17505 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Md. Rahul Son Of Md. Halim Resident Of Village - Nagdah, P.S. - Mufassil (O.P. Singhaul) Distt. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 was also added.

As per FIR, the allegation against the petitioner including this petitioner is that they armed with various weapons came and started indiscriminate firing on the chest of the informant's father, due to which his father sustained

Patna High Court CR. MISC. No.17505 of 2023(2) dt.12-05-2023 2/3 injury and later on he died during course of the treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Upendra Sah. Neither the petitioner is named in the FIR nor any specific over-act has been attributed against him. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.04.2023 passed in Cr. Misc. No. 73014 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 01.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil (Singhaul) P.S. Case No. 354 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.17505 of 2023(2) dt.12-05-2023 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Manish/- U T