Raja Kumar Singh @ Akhil Bharti @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53119 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJA KUMAR SINGH @ AKHIL BHARTI @ RAJA KUMAR SON OF PAPPU SINGH @ PRABHAT KUMAR R/O - SARVODAY NAGAR, P.S.- BEGUSARAI TOWN, DIST.- BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sessions Trial No. 187 of 2022, arising out of Begusarai Town Police Station Case No. 131 of 2021, registered for the offences punishable under Sections 147/148/149/448/452/324/307/302 of the Indian Penal Code.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the application for regular bail of the petitioner was permitted to be withdrawn by this Court, vide order, dated 22.02.2022, passed in Criminal Misc. No. 65462 of 2021, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order.
Patna High Court CR. MISC. No.53119 of 2022(2) dt.12-10-2022 2/3 The prosecution case, as per the First Information Report, is that on 15.02.2021, at 10:00 PM, ten to fifteen persons came to the house of informant and inquired about his son Sunny Kumar and took him away along with them. Later on, the informant came to know that the accused persons with an intention to kill his son assaulted him and his son was hospitalized where, during course of treatment, the son of informant died. It is further alleged that on the instigation of coaccused Rajeev Kumar, the accused persons have assaulted and killed his son and friend of the deceased, namely, Karan Kumar, was also assaulted by the accused persons.
Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 22.02.2022. He further submits that the petitioner is in custody since 14.06.2021 and the trial has not progressed from the date of last rejection of the prayer for bail of the petitioner. He further submits that co-accused persons, namely, Rajeev Kumar (vide order, dated 22.01.2022, passed in Criminal Misc. No. 39391 of 2021) and Vikram Kumar (vide order, dated 11.02.2022, passed in Criminal Misc. No. 62030 of 2021), have been granted bail by this Court.
After having heard learned Counsel for the parties and
Patna High Court CR. MISC. No.53119 of 2022(2) dt.12-10-2022 3/3 taking into consideration the fact that the petitioner is in custody since 14.06.2021, other co-accused persons have been granted bail by this Court and this is second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional Sessions Judge, Begusarai, in connection with Sessions Trial No. 187 of 2022, arising out of Begusarai Town Police Station Case No. 131 of 2021.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √