Rahul Kumar @ Murgi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18979 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Rahul Kumar @ Murgi Son of Narayan Paswan Resident of Village - Keshopur, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sakra P.S. Case No. 231 of 2024, instituted for the offences punishable under Sections 397/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, some unknown miscreants looted Rs. 15 lakhs from the informant and his motorcycle. It is further alleged that the informant received gun shot injury during the occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.18979 of 2025(2) dt.07-04-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Raja Kumar and the same has got no evidentiary value. It is next submitted that neither any recovery has been made from the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 06.07.2024 and has got two criminal antecedents in which he is on bail in one case. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 22.01.2025 passed in Cr. Misc. No. 79628 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.18979 of 2025(2) dt.07-04-2025 3/3 below/concerned Court in connection with Sakra P.S. Case No. 231 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T