Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24756 of 2022 Arising Out of PS. Case No.-509 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== RANDHIR KUMAR Son of Rajan Yadav Resident of village - Naya Khandha, P.S.- Harnaut (Telmar), District - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31582 of 2022 Arising Out of PS. Case No.-509 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== DHARMBIR KUMAR @ DHARMVIR KUMAR SON OF RAJAN YADAV R/O MOHALLA- NAYA KHANDHA, P.S.- HARNAUT (TELMAR), DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 24756 of 2022) For the Petitioner/s :

Mr. Ganesh Sharma, Advocate For the State :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Nityanand Tiwary, Advocate (In CRIMINAL MISCELLANEOUS No. 31582 of 2022) For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Patna High Court CR. MISC. No.24756 of 2022(5) dt.12-01-2023 2/3 As per the prosecution case, the accused persons including the two petitioners herein are stated to have surrounded the informant. On the orders of Ram Raj Yadav it is stated that the petitioner Randhir Kumar and one Praduman Kumar caught hold of the informant's son while Ram Kripal Kumar shot him seriously injuring him.

It is submitted by learned counsel for the petitioner Dharmbir Kumar that besides being named in the FIR, no overt act has been alleged against him. He is in custody since 14.2.2022 and charge sheet has been submitted in the case. On behalf of petitioner Randhir Kumar it is submitted that even from the FIR the sole assailant of the deceased is coaccused Ram Kripal Kumar and not the petitioner. He is in custody since 11.1.2022 and undertakes to cooperate in the trial. The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that both the petitioners were not only present but have actively participated in the occurrence wherein the son of the informant was shot and killed. The case is fixed for commitment on 19.1.2023. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner

Patna High Court CR. MISC. No.24756 of 2022(5) dt.12-01-2023 3/3 Randhir Kumar who is said to have caught hold of the son of the informant along with one another while he was shot and killed by Ramkripal Kumar, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner Randhir Kumar to to renew his prayer for bail after framing of charge or after six months, whichever is later.

In the facts of the case, petitioner Dharmbir Kumar who is in custody since 14.2.2022 is directed to be enlarge on bail in connection with Harnaut (Telmar) P.S. Case no. 509 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif.

(Partha Sarthy, J) Prakash/- U