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Patna High CourtCR. MISC./51774/2018bail granted

Rajiv Ranajan Kumar v. The State Of Bihar

2018-08-25Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51774 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Rajiv Ranajan Kumar S/o Sri Krishna Prasad, R/o Vill.- Vasvanbigha, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bihar P.S. Case No. 236 of 2018 registered for the offence punishable under Sections 147, 148, 149, 448, 384, 302, 120-B of the Indian Penal Code and 27 of Arms Act. Informant is the father of deceased, who in his written complaint has stated that his son was an employee in Indian Air force and had come to village on 21.05.2018 and on 24.05.2018 at about 9.00 PM he heard sound of firing and noise outside his house and when his son went outside there nine FIR named accused asked his deceased son to give them some money, upon which his son said that he had no money and

Patna High Court Cr.Misc. No.51774 of 2018(2) dt.25-08-2018 2/2 thereafter all the FIR named accused ordered Lal Bahadur Yadav to kill the son of informant, upon which Lal Bahadur Yadav fired from his pistol which hit the head of the son of informant and he died during treatment.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is a police constable and was on duty and not present at the place of occurrence. It has been further submitted that he has no criminal antecedent and he is in custody since 11.06.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 236 of 2018. (S. Kumar, J) veena/- U T