Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50165 of 2023 Arising Out of PS. Case No.-236 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rahul Kumar S/O Bijnandan Paswan @ Brijnandan Paswan R/O VillageShamsher Nagar, Vikash Tola, Dushadh Toli, Ps.- Daudnagar, Dist. Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 149, 341, 323, 448, 307, 504 of the Indian Penal Code. Subsequently, Section 302 I.P.C was also added.

The prosecution case as per F.I.R is that on 30.04.2021, while the informant was in her house, in the meanwhile, co-accused Raju Paswan made a call on her mobile and started abusing her. The informant,

Patna High Court CR. MISC. No.50165 of 2023(2) dt.05-09-2023 2/3 thereafter along with other family members went to the house of Raju Pswan and made protest, whereupon, all the F.I.R named accused persons including the petitioner brutally assaulted the informant, her father-in-law and other persons, as a result of which, father-in-law of the informant subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the allegation of making assault to the deceased is not against the petitioner. During investigation also, no specific material evidence was collected against the petitioner. The petitioner is languishing in custody since 17.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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/-

Patna High Court CR. MISC. No.50165 of 2023(2) dt.05-09-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 236 of 2021.

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