Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43388 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rahul Kumar Son Of Ashok Kumar @ Ashok Singh, Resident Of VillageRampur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Surajgarha P.S. Case No. 367 of 2022 dated 29.11.2022 registered for the offences punishable under Sections 188, 268, 307/34 of the Indian Penal Code and Sections 25(a)/27 of the Arms Act.
3. The main submissions advanced by the learned counsel for the petitioner are that though the petitioner is named in the FIR but against him there is no specific allegation of committing celebratory firing and the said allegation is against co-accused persons and moreover no one sustained injury in the alleged celebratory firing and petitioner has been languishing in jail since 18.05.2023 and the alleged offence of Section 307
Patna High Court CR. MISC. No.43388 of 2023(2) dt.24-07-2023 2/2 of the IPC is not made out and petitioner is on bail in his antecedent cases.
4. Learned APP appearing for the State opposes the bail prayer.
5. Having regard to the facts and circumstances of this case as well as considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Surajgarha P.S. Case No. 367 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T