Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69315 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Rahul Kumar S/o Sri Randheer Kumar R/o Village Jethului PS Nadi Distt Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP For the Informant :

Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Nadi P.S. Case No. 80 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have fired upon the brother of the informant leading to his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.69315 of 2024(5) dt.31-01-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. It is alleged that the petitioner was a member of the mob. No specific allegation of firing has been attributed against the petitioner. Specific allegation of firing is levelled against co-accused, namely, Dheeraj Kumar. The petitioner is in custody since 12.03.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.11.2024 passed in Cr. Misc. No. 65687 of 2024.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.69315 of 2024(5) dt.31-01-2025 3/3 below/concerned Court in connection with Nadi P.S. Case No. 80 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T