Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34283 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== Rajesh Kumar SON OF Ash Narayan Rai RESIDENT OF VILLAGERAMNAGAR PS- PUPRI DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Informant :

Mr. Santosh Kumar, Adv.

Mr. Kanchan Yadav, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, app ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 828 of 2023 arising out of Bajpatti P.S. Case No. 116 of 2023 dated 09.04.2023 registered for the offence/s punishable u/ss 302, 120B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused persons are alleged to have assaulted the informant's son with sharp cutting weapon causing severe injury and during the course of treatment the informant's son died.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.34283 of 2024(2) dt.14-05-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Kanchan Kumari who has stated the modus operandi as to how the occurrence took place. There is nothing against the petitioner except confession. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.04.2023.

5. Learned counsel for the informant as well as 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, Sitamarhi in connection with Sessions Trial No. 828 of 2023 arising out of Bajpatti P.S. Case No. 116 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T