Patna High CourtCR. MISC./53795/2023allowed

Rahul Kumar Saw @ Sri Rahul Kumar Saw v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53795 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== RAHUL KUMAR SAW @ SRI RAHUL KUMAR SAW SON OF ARUN SAW @ ARUN SAW RESIDENT OF VILLAGE - KURMURI, P.S. - KARANDE, DISTRICT - SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the son of the informant.

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 no consistent evidence and no eye-witness of the alleged occurrence to show that the petitioner has involved in the present case. On the basis of suspicion and confessional

Patna High Court CR. MISC. No.53795 of 2023(3) dt.03-10-2023 2/2 statement of the other co-accused, the petitioner has been implicated in the present case, which has got no evidentiary value in the eyes of law. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.04.2023.

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

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 Halsi P.S. Case No. 96 of 2023.

(Sunil Kumar Panwar, J) arish/- U T