Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37803 of 2022 Arising Out of PS. Case No.-192 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== RAHUL KUMAR son of - Late Satyadev Prasad Yadav @ Santdev Yadav Resident of Village - Tamkulha, P.S.- Basnahi, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 read with 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, unknown miscreants shot the informant's father dead.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37803 of 2022(2) dt.18-10-2022 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Ratan Yadav. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that it is a case of section 302 of the I.P.C. and the deceased has sustained firearm injury on his chest.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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 learned Court concerned, Saharsa in connection with Saur Bazar P.S. Case No.192 of 2019.

The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T