Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40470 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Rajan Kumar S/O Dharmanand Prasad R/O Village- Murtujiganj, P.SMehandiganj, Distt.- Patna. ... ... Petitioner/S
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Khagaul P.S. Case No. 491 of 2023, registered for the offences punishable under Sections 302, 120(B)/34 of IPC and Section 27 of the Arms Act.
3. The informant is the sister of the deceased (Pappu Kumar). She makes allegation that marriage of Pappu Kumar was solemnized with co-accused Neha Kumari. It has been mentioned in the FIR that Neha Kumari did not like her husband (deceased) and due to that Neha Kumari along with Sonu Kumar (brother of Neha Kumari), Isto Lal (father of Neha Kumari) and Anita Devi (mother of Neha Kumari) hatched a conspiracy to murder the deceased and the brother of the
Patna High Court CR. MISC. No.40470 of 2024(3) dt.24-09-2024 2/3 informant was shot dead.
4. Learned counsel for the petitioner has submitted that during the investigation, Neha Kumari (wife of the deceased) was arrested and she has stated in Paragraph No. 51 of the case diary that she hired a shooter namely, Rahul Kumar and that Rahul Kumar had committed murder of the deceased. So far as petitioner is concerned, the only material against him is that he had in love with Neha Kumari. The petitioner has clean antecedent. He is under custody since 15.01.2024.
5. On the other hand, learned APP for the State, Mr. J.N. Thakur has vehemently opposed the prayer for bail.
6. It appears from the statement of Neha Kumari that she had hired the killer Rahul Kumar who committed murder of the deceased and the complicity of the petitioner does not transpire by the statement of Neha Kumari. The petitioner is under custody since 15.01.2024
7. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Vth, Danapur, Patna in connection with Khagaul P.S. Case No. 491 of 2023, subject to the following condition that the petitioner
Patna High Court CR. MISC. No.40470 of 2024(3) dt.24-09-2024 3/3 shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) priyanka/- U T