Patna High CourtCR. MISC./36082/2023rejected

Rahul Singh v. The State Of Bihar

2023-08-02Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36082 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== RAHUL SINGH Son of Vijendra Singh Resident of village - Rukundipur, P.S .- Daraunda, Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 03.11.2022 seeks bail, in connection with S. Tr. No.773/2022, arising out of Daraunda P.S. Case No.224/2022, dated 22.08.2022, for the offences punishable under Sections 302, 120(B)/32 of the IPC & Section 27 of the Arms Act.

3. According to prosecution case, four unknown persons on two motorcycles having covered their faces overtook the Alto car boarded by the informant's brother and pulled down the informant's brother from the car and shoot him and fled away.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.36082 of 2023(3) dt.02-08-2023 2/2 further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of confessional statement of the co-accused namely, Suraj Prasad.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the co-accused, namely, Suraj Kumar has specifically stated that the petitioner has fired upon the victim and the postmortem report of the deceased also supports the statement of the co-accused. Apart from that the petitioner has carried nine criminal antecedent other than the present one and almost all the cases are serious in nature.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No.773/2022, arising out of Daraunda P.S. Case No. 224/2022, pending in the Court of learned 2nd Additional Sessions Judge, Siwan.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T