Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48586 of 2023 Arising Out of PS. Case No.-542 Year-2022 Thana- HILSA District- Nalanda ====================================================== Rakesh Kumar Son Of Late Dwarika Prasad Resident Of Village - Yogiya, P.S. - Parwalpur, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 324, 120B, 382 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the FIR person including unknown miscreants they committed murder of the informant's brother due to previous enmity. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The informant is not an eye witness of the alleged occurrence and the petitioner

Patna High Court CR. MISC. No.48586 of 2023(3) dt.29-08-2023 2/2 is also not named in the FIR. There is no specific allegation of commission of murder levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hilsa P.S. Case No. 542 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa at Nalanda.

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