Rahul Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39389 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- BIHTA District- Patna ====================================================== RAHUL SINGH @ RAHUL KUMAR Son of Satyendra Singh @ Pakpak Resident of Village - Nathupur, P.S.- Bihta, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40183 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- BIHTA District- Patna ====================================================== 1.

RAMJEE SINGH @ RAMJEE SHARMA Son of Audhesh Singh @ Abadhesh Singh R/O- Village- Nathupur P.S.- Bihta, District- Patna 2.

Kallu Singh @ Sandeep Kumar Son of Ramjee Sharma R/O- VillageNathupur P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 39389 of 2022) For the Petitioner/s :

Ms.Usha Kumari Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad Mr. Piyush Saurav (In CRIMINAL MISCELLANEOUS No. 40183 of 2022) For the Petitioner/s :

Mr.Mithilesh Kr. Arya For the Opposite Party/s :

Ms.Madhuri Lata Mr. Piyush Saurav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned APP for the State and also heard the learned counsel

Patna High Court CR. MISC. No.39389 of 2022(3) dt.10-01-2023 2/3 for the informant.

The petitioners apprehend their arrest in connection with Bihta P.S. Case No. 288 of 2022 registered for offence punishable under section 302 of the Indian Penal Code. As per allegation, when the husband of the informant went to ease himself, four named accused persons, including the petitioner caught him hold and Subodh Singh fired shot on him, resulting into his death.

The learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated. There is a specific allegation to open fire on coaccused Subodh Singh and not on the petitioners. The learned counsel for the petitioner Ramjee Singh @ Ramjee Sharma has submitted that in paragraph 64 of the case diary, it has come that the son of the deceased himself has stated that the petitioner Ramjee Singh was not involved in the occurrence. He has also submitted that there is land dispute between the co-accused Subodh Singh and the deceased. On the other hand, the learned APP and the learned counsel for the informant have opposed the prayer for bail and submitted that all the accused persons encircled the deceased when he had gone to ease himself and co-accused Subodh Singh opened fire on him. During investigation, in paragraph 64 of the case

Patna High Court CR. MISC. No.39389 of 2022(3) dt.10-01-2023 3/3 diary, which is supervision note, it has been emerged that the son of the deceased himself has stated that the petitioner Ramjee Singh was not involved in the occurrence.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail with respect to petitioner Ramjee Singh @ Ramjee Sharma is allowed. Let him in her arrest or surrender, within four weeks from today, 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 288 of 2022, subject to condition as laid down under section 438 (2) of the Code of Criminal Procedure. So far as rest petitioners are concerned, their prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T