Patna High CourtCR. MISC./53718/2023allowed

Rahul Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53718 of 2023 Arising Out of PS. Case No.-788 Year-2022 Thana- MANER District- Patna ====================================================== RAHUL KUMAR S/O BHUNESHWAR RAI R/O VILLAGE- MAHUAARI BAGICHA, PS. MANER, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner along with other co-accused persons is that they fired upon the son of the informant, due to which he succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Shashi Kant @ Chhotu,

Patna High Court CR. MISC. No.53718 of 2023(2) dt.25-08-2023 2/2 who shot fired upon the son of the informant, due to which he died. There is no specific overt act against the petitioner of firing. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 24.06.2023 passed in Cr. Misc. No. 32790 of 2023. He is languishing in judicial custody since 02.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Maner P.S. Case No. 788 of 2022.

(Sunil Kumar Panwar, J) arish/- U