Rahul Kumar @ Tutu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41027 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rahul Kumar @ Tutu Sharma Son of Vidyadhar Singh Resident of Village Ghoswari, P.S. - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Lakhisarai P.S. Case no. 167 of 2020 registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, the three accused persons named in the FIR came and shot dead the father of the informant.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that the allegations therein are specific on the accused persons who were either named or described therein. The name of the petitioner transpired in course of investigation on the confessional

Patna High Court CR. MISC. No.41027 of 2020(3) dt.05-04-2021 2/3 statement of co-accused Rudal Yadav who has himself been enlarged on bail vide order dated 13.10.2020 passed in Cr. Misc. no. 26315 of 2019. Besides Rudal Yadav, the other accused persons namely Sheo Kumar Singh, Rajesh Singh and Manish Kumar have also been enlarged on bail. Petitioner is in custody since 19.3.2020, has no criminal antecedent and charge sheet has been submitted in the case.

Vakalatnama is filed on behalf of the informant. Let the same be kept on record.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the allegations against the petitioner are serious and specific in nature.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with grant of bail to the other accused persons including Rudal Yadav on whose confessional statement before police the name of the petitioner transpired, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Lakhisarai P.S. Case no. 167 of 2020 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.41027 of 2020(3) dt.05-04-2021 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.

(Partha Sarthy, J) Prakash/- U