Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41355 of 2023 Arising Out of PS. Case No.-658 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== RAJ KUMAR, Son of Yogendra Prasad @ Jogendra Prasad @ Yogendra Ram, Resident of village - Lodipur, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Naubatpur P.S. Case No. 658 of 2021 dated 12.12.2021 registered for the offences punishable u/ss 302 and 120B read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

4. As per the prosecution case, some unknown miscreants shot the informant's son dead.

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

Patna High Court CR. MISC. No.41355 of 2023(2) dt.21-07-2023 2/2 this case. 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 Om Kumar who has already been granted bail by the Coordinate Bench of this court vide order dated 24.03.2023 passed in Cr. Misc. No. 80 of 2023. No incriminating article has been recovered from the possession of the petitioner. The petitioner is accused in two other criminal cases and he is on bail in both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2022.

6. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Danapur, Patna in connection with Naubatpur P.S. Case No. 658 of 2021.

8. The application stands allowed.

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