Praween Kumar @ Praween Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37021 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Praween Kumar @ Praween Rai S/O Arbind Yadav R/O Village- Shiswa, Ward No.-07, P.S- Alauli, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the FIR, the informant's brother was killed by the accused persons including this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other coaccused persons, namely, Sanjay Kumar and Ramu Mukhiya before the police which has got no evidentiary value in the eye

Patna High Court CR. MISC. No.37021 of 2023(3) dt.29-01-2024 2/2 of law. Nothing consistent material has come against the petitioner to implicate in this alleged offence. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 03.08.2023 in Cr. Misc. No. 35799 of 2023 and 21094 of 2023. Moreover, the petitioner is languishing in judicial custody since 18.01.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 04 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.

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