Patna High CourtCR. MISC./31058/2023allowed

Rahul Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31058 of 2023 Arising Out of PS. Case No.-831 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== Rahul Kumar Son Of Rajendra Paswan Resident Of Village - Harijan Colony, Bodh Gaya, P.S. - Bodh Gaya, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's daughter due to land dispute.

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 previous enmity. The informant is not an eye witness of the alleged occurrence and no specific allegation levelled against the

Patna High Court CR. MISC. No.31058 of 2023(3) dt.23-08-2023 2/2 petitioner rather general and omnibus allegation levelled against him. It is further submitted that except suspicion no consistent material has come out against the petitioner. As per Postmortem Report, doctor opined cause of death is asphyxia and shock due to hanging. The petitioner is languishing in judicial custody since 05.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Bodh Gaya P.S. Case No. 831 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Clas, Gaya.

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