Rajesh Kumar @ Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44969 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Rajesh Kumar @ Raja Kumar Son Of Satendra Sharma Resident Of Raja Kuan, Ps- Bihar Sharif, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Jyoti For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the son of the informant by unknown criminals.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the

Patna High Court CR. MISC. No.44969 of 2023(3) dt.30-08-2023 2/3 confessional statement of co-accused Proushotam Kumar @ Happy Kumar which has no evidentiary value in the eye of law. During investigation, no substantial material evidence has been collected against the petitioner to connect the petitioner with the present offence. The petitioner is languishing in custody since 20.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that co-accused in his confessional statement has stated that this petitioner shot at the deceased.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.44969 of 2023(3) dt.30-08-2023 3/3 First Class, 15, Patna in connection with Ram Krishna Nagar P.S. Case No. 40 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T