Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54257 of 2023 Arising Out of PS. Case No.-800 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Rahul Kumar Son Of Raju Sahani @ Raju Sahni Resident Of Village Jagdamba Nagar Bairiya, Kilhua Paigambarpur, Ps- Ahiyapur, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 393, 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against three unknown miscreants is that they have tried to snatch the vehicle of the informant on which they have fired on the informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. Neither the petitioner is named in the F.I.R. nor put on T.I.P. The F.I.R. has been lodged against unknown persons. During investigation,

Patna High Court CR. MISC. No.54257 of 2023(2) dt.25-08-2023 2/2 on the basis of confessional statement of the petitioner in Kanti P.S. case No. 816 of 2022, he has remanded in the present case. Save and except his confessional statement no consistent material has come against him which shows his involvement in the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner or from his house. It is also submitted that petitioner is languishing in judicial custody since 23.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Kanti P.S. Case No. 800 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court no.6 of J.M. 1st Class, West Muzaffarpur.

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