Rahul Kumar @ Rahul Kumar Chandrabanshi @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48777 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== RAHUL KUMAR @ RAHUL KUMAR CHANDRABANSHI @ RAHUL KUMAR SINGH S/O BAIJNATH RAM R/O Village- Munshi Bigha, P.SAurangabad Muffasil, Distt.- Aurangabad(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, when the informant with his father went to their land, in the meantime, the petitioner along with co-accused persons started indiscriminate firing upon the informant and his father due to which, the informant's father died on the spot.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The specific allegation of shot fire upon

Patna High Court CR. MISC. No.48777 of 2023(3) dt.13-09-2023 2/2 the informant's father is against other co-accused. There is general and omnibus allegation against the petitioner and no specific overt act of firing against the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 09.02.2023 passed in Cr. Misc. No. 61765 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 18.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Muffasil P.S. Case No. 246 of 2022.

(Sunil Kumar Panwar, J) arish/- U