Rahul Kumar @ Chhatish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42825 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== RAHUL KUMAR @ CHHATISH KUMAR Son of Ashok Yadav R/O Mohalla - Ward No.- 12, Chakbali, P.S.- Chakbali, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Sinha No.1 For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== 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. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 16 of 2022 dated 15.1.2022 registered for the offence punishable u/s 341, 323, 325, 120B/34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's brother by assaulting him with lathi, danda,

Patna High Court CR. MISC. No.42825 of 2023(2) dt.21-07-2023 2/3 pistol and fists.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 1.9.2022 passed in Cr. Misc. No. 27720 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.4.2023.

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

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, Munger in connection with Muffasil P.S. Case No. 16 of 2022.

Patna High Court CR. MISC. No.42825 of 2023(2) dt.21-07-2023 3/3 The application stands allowed.

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