Raj Kumar Singh @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29722 of 2024 Arising Out of PS. Case No.-449 Year-2022 Thana- BARH District- Patna ====================================================== Raj Kumar Singh @ Raj Kumar Son Of Arun Kumar Singh Resident Of Village - Berhna Jahidpur, P.S. - Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Sinha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP For the Informant : Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barh P.S. Case No. 449/2022, lodged on 13.07.2022 under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against one named and 4-5 unknown accused persons with an allegation of killing the son of the informant by causing gun-shot injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has surfaced in the present case during investigation on the basis of confessional statement of co-accused Bittu Kumar @ Deepak Kumar and except the confession, there is nothing against him.

Patna High Court CR. MISC. No.29722 of 2024(2) dt.15-05-2024 2/2 Counsel also submits that there is no role of the petitioner in commission of them alleged crime. The petitioner is in custody since 18.01.2024 and is accused in six more criminal cases.

5. Learned counsel for the State opposes the prayer for bail.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that it is a case of double murder and the name of the petitioner has figured in this case during investigation when one of the co-accused has been arrested by the police after being identified in the CCTV footage. The antecedent of the petitioner is also not clean, hence, at the time of considering the prayer for bail, this aspect must be taken into consideration.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Barh P.S. Case No. 449/2022, pending before the learned ACJM, Barh, Patna is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T