Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33868 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Rahul Kumar S/O- Late Vijay Singh Village- Adharpur Po- Naya Nagar Dularpur Ps- Teghra Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Madhukar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 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 364 and 34 of the IPC and subsequently 302/120B of IPC has been added.

3. As per allegation in the FIR, five named accused persons including this petitioner were sitting outside the house of the informant and called her son by phone and took away him forcefully. When he did not return, informant suspects that her son was killed by the accused persons.

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 merely on suspicion. The name of the petitioner has come during the course of

Patna High Court CR. MISC. No.33868 of 2023(3) dt.13-09-2023 2/2 investigation. It is further submitted that there is no eye witness of the alleged occurrence and also during investigation, nothing specific allegation has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 14.03.2023. in Cr. Misc. No. 53704 of 2022. Moreover, the petitioner is languishing in judicial custody since 12.07.2022.

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 Teghra P.S. Case No. 190 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 C.J.M., Begusarai.

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