Patna High CourtCR. MISC./41199/2024bail rejected

Rahul Kumar v. The State Of Bihar

2024-10-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41199 of 2024 Arising Out of PS. Case No.-39 Year-2023 Thana- SALIMPUR District- Patna ====================================================== RAHUL KUMAR SON OF UMESH PRASAD RESIDENT OF VILLAGE - NAGARNAUSA, P.S. - NAGARNAUSA, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-10-2024 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Salimpur P.S. Case No. 39 of 2023 for the offence punishable under sections 279 and 304(A) and later on 302 of the Indian Penal Code lodged on 19.02.2023 by the informant, Vishnu Kumar.

3. As per the prosecution story, the informant alleged that the villagers informed that a person is lying on the NH-3 and the motorcycle is also there. The police reached there, found the person in injured condition, taken to the hospital but was declared dead. Accordingly, the FIR.

4. Subsequently, during the investigation, the family members of the deceased alleged that due to previous enmity,

Patna High Court CR. MISC. No.41199 of 2024(4) dt.28-10-2024 2/2 the accused persons have killed him, the police investigated the matter and caught number of persons, the petitioner being one of them.

5. The Co-ordinate Bench had called for the case diary which has been received and according to it, the reason has been given by the petitioner for the said killing. Besides the said confession, the paragraph 84 talks about the mobile location of all the accused persons including the petitioner at the same location.

6. In that background and considering the reason that has also been assigned by the petitioner in his confession, no case of bail is made out, rejected.

(Rajiv Roy, J) Vijay Singh/- U T