Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1027 of 2022 Arising Out of PS. Case No.-253 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Rakesh Kumar Son Of Ramgahan Chaudhary @ Ramgahan Mallah Resident Of Village - Dahala, P.S.- Durgawati, Distt.- Kaimur (Bhabua). ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Phuljhari Devi W/O Late Shyam Narayan Ram Resident Of Village - Dumri, P.S.- Durgawati, Distt.- Kaimur (Bhabua).

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kumar Sunil For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the appellant and learned Special P.P for the State. None appears on behalf of the informant in spite of valid service of notice. The appellant has challenged the order dated 18.01.2022 passed by learned Additional District JudgeI-cum-Special Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 253 of 2021 instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code, whereby his prayer for being released on bail has been rejected.

It is a case of commission of murder of the son

Patna High Court CR. APP (SJ) No.1027 of 2022(5) dt.16-03-2023 2/3 of the informant.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is not named in the F.I.R. The informant is not the eye witness to the occurrence and the entire allegation is based on suspicion. It is further submitted that mere recovery of knife on the identification of the appellant does not prove this fact that appellant was involved in the crime. Moreover, the said knife was not sent to the F.S.L for any scientific examination to connect the appellant with the present occurrence. The appellant is in custody since 19.11.2021. A statement has been made in para 3 of the petition that appellant has no criminal antecedent. Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant and submitted that knife which was used in the crime was recovered from the pond at the instance of the appellant.

Patna High Court CR. APP (SJ) No.1027 of 2022(5) dt.16-03-2023 3/3 Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 18.01.2022 passed by learned Additional District JudgeI-cum-Special Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 253 of 2021.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to 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 learned Additional District Judge-Icum-Special Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 253 of 2021.

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