Patna High CourtCR. MISC./46347/2023allowed

Rahul Kumar v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46347 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- BARUN District- Aurangabad ====================================================== RAHUL KUMAR Son of Kamta Singh @ Kamta Yadav Resident of village - Basdiha, P.S. - Narari Kala Khurd, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 302 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of brutally assaulted the brother of the informant, due to which he succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner. It is alleged that all 11 accused persons including the petitioner assaulted the deceased by means of lathi-danda and iron rod but the postmortem report

Patna High Court CR. MISC. No.46347 of 2023(3) dt.18-09-2023 2/2 is not in consonance with the prosecution case and the doctor has not opined the cause of death. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.03.2023.

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

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 Barun P.S. Case No. 115 of 2023.

(Sunil Kumar Panwar, J) arish/- U