Rajiv Kumar @ Rajiv Rai @ Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5300 of 2021 Arising Out of PS. Case No.-509 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== RAJIV KUMAR @ RAJIV RAI @ RANJAN SON OF BASUDEO RAI @ BASDEO RAY R/O VILLAGE- GOPALPUR, P.S.- BIDUPUR, DISTRICTVAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bidupur P.S. Case No. 509 of 2019 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the F.I.R., it is stated by the informant that six accused persons on two motorcycles came. Three named accused persons including the petitioner herein were on one motorcycle. It is stated that accused Aditya Kumar fired on the son of the informant. Other persons started to fire and escaped. The son of the informant, on being taken to the hospital, was declared dead.

It is submitted by leaned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.5300 of 2021(3) dt.28-06-2021 2/2 manner of occurrence is other than what has been narrated in the F.I.R. The allegation of firing is against co-accused Aditya Kumar alone and not the petitioner herein. The petitioner is in custody since 31.1.2020.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has a number of cases pending against him.

Having heard learned counsel for the parties and taking into consideration that the main allegation of firing is on co-accused Aditya Kumar and not the petitioner herein together with the petitioner having remained in custody since 31.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case No. 509 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U T