Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50567 of 2022 Arising Out of PS. Case No.-553 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Rahul Kumar S/O Arun Sharma @ Arun Kumar Resident Of Village- Lakhapur, P.S.- Parasbigham District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 326 and 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant along with Satish Kumar was returning to his house on a motorcycle and as soon as he reached near the Crane school, he heard a heavy sound and subsequently felt that he received some injury and saw that blood had started oozing from his shoulder. It is further alleged that Satish Kumar saw that two persons armed with pistols were fleeing away on a motorcycle from there and despite

Patna High Court CR. MISC. No.50567 of 2022(2) dt.12-12-2022 2/2 being chased, they ran away. Some local persons disclosed that the petitioner Rahul along with the co-accused Nandan was involved in the alleged crime. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The injury report is not mentioned in the impugned order. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that injury is on non-vital part of the body.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Jehanabad P.S. Case No. 553 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T