Rahul Kumar @ Bittu @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7410 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== RAHUL KUMAR @ BITTU @ RAHUL KUMAR SINGH S/o Late Basant Singh R/o Village- Darihara Bhual, P.S.- Dariyapur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the informant :

Mr. Sumit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Dariyapur P.S. Case No. 139 of 2020 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, the informant's son was shot dead by accused persons while he was going to pluck vegetables from the field. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The allegation of assault upon the deceased is against co-accused Aditya Kumar Singh.

Patna High Court CR. MISC. No.7410 of 2021(2) dt.09-08-2021 2/2 So far the petitioner is concerned, there is no allegation of assault alleged against the petitioner. No overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 139 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T