Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46487 of 2022 Arising Out of PS. Case No.-123 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== Rahul Kumar S/O Ram Pravesh Patel R/O Vill.- Chainpur Baghel, P.S.- Desari (Sahdei O.P.), Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary as well as postmortem report of the deceased.

The petitioner is in custody in a case registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants killed the wife of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that on the basis of the confessional statement of coaccused, the name of the petitioner came into light and there is no consistent material against the petitioner. Petitioner is in judicial custody since 30.01.2021. Similarly situated co-accused

Patna High Court CR. MISC. No.46487 of 2022(3) dt.12-01-2023 2/2 has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 42517 of 2021 vide Annexure-2 to the present petition.

Learned APP appearing for the State has vehemently opposed the prayer for regular bail of the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 123 of 2020. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T