Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31209 of 2024 Arising Out of PS. Case No.-731 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Raja Kumar S/o Vinod Chaudhary R/o vill - Amritpur, P.S. - Vaishali, Distt. - Vaishali .
.. ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Singh For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nagar P.S. Case No. 731 of 2023 dated 15.09.2023, registered for the offences punishable u/ss 302/34 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants boarded on a motorcycle came to the shop of the informant's brother who was selling fish. One of the miscreants purchased one kg. fish and fired three rounds which hit the head, back and chest of the informant's brother who fell down and succumbed to the injuries.
Patna High Court CR. MISC. No.31209 of 2024(2) dt.01-05-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis confessional statement of one co-accused Bharat Kumar. No T.I.P. parade has conducted by the prosecution. The petitioner is in custody since 16.10.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur, in connection with Nagar P.S. Case No. 731 of 2023 with further condition:
I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the
Patna High Court CR. MISC. No.31209 of 2024(2) dt.01-05-2024 3/3 prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T