Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3220 of 2021 Arising Out of PS. Case No.-294 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Rahul Kumar Son Of Vijay Ray Resident Of Village - Sadapur Dasrath Chok, P.S.- Mahua, Dist.- Vaishali.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Bela Singh, Advocate Mr.Rajiv Ranjan, Advocate For the Opposite Party :

Mr.U.Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in Jandaha P.S. Case No. 294 of 2019 registered for the offence under Section 393, 302 of I.P.C., later on converted to Section 397/302 I.P.C. and 27 of the Arms Act.

As per the prosecution story, the informant alleged that his brother namely Umashankar Rai was running a C.S.P. of Bank of Baroda at village - Lakshmanpur Hat under Jandaha Police Station. When his brother was returning on motorcycle after withdrawal of Rs. 93,000/- from the Bank, some miscreants overtook him and started loot-paat and shot him dead. On information, the informant reached at the place of occurrence and saw that the dead body of his brother was lying beside the road. In the meantime, police also reached there and

Patna High Court CR. MISC. No.3220 of 2021(3) dt.28-10-2021 2/2 on search a cash of Rs. 90,000/- was found in his pocket, thereafter the dead body of the brother of the informant was sent for post-mortem.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and his name has figured during course of investigation in confessional statement of co-accused Manish Kr.Sahni recorded in connection with Mahua Police Station Case No. 709/2019. Save and except the same, no other substantive evidence has been collected to suggest the implication of this petitioner in the present case. Petitioner in custody since 6.6.2020. Investigation is complete. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Vaishali at Hajipur in Jandaha Police Station Case No. 294 of 2019/GR No. 6613 of 2019.

(Prabhat Kumar Singh, J) Shashi U T