Rahul Kumar @ Lalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39140 of 2024 Arising Out of PS. Case No.-426 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Rahul Kumar @ Lalu, Gender-Male, aged about 21 years, S/O Sanjay Paswan, R/O Village- Kochhasa, P.S.-Kinjar, Dist- Arwal. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Advocate For the Opposite Party :
Mr. Satya Nand Shukla, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in Sessions Trial No. 97 of 2024, arising out of Jehanabad P.S. Case No. 426 of 2923 dated 09.05.2023 registered for the offences punishable under Sections 302 and 120B of the I.P.C.
3.As per prosecution case, the F.I.R. named co-accused persons are alleged to have got the informant's husband murdered by an unknown miscreant due to dispute over tender and money.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.39140 of 2024(2) dt.04-07-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case only on the basis of the confessional statement of Rajesh Kumar. Except for the confessional statement, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No incriminating article has been recovered from possession of the petitioner. No T.I. Parade has been held till date. The other co-accused Shekhar Suman @ Shekhar Kumar has been granted bail by a Bench of this Court vide Cr. Misc. No. 53374 of 2023 under order dated 25.08.2023. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 23.05.2023. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned Additional District and Sessions Judge-III, Jehanabad in connection with Sessions Trial No. 97 of 2024, arising out of Jehanabad P.S. Case No. 426 of 2023.
Patna High Court CR. MISC. No.39140 of 2024(2) dt.04-07-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T