Rahul Kumar @ Rahul Paswan @ Maruti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57713 of 2023 Arising Out of PS. Case No.-736 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Rahul Kumar @ Rahul Paswan @ Maruti Paswan S/O- Mahendra Paswan R/M- Jawahar Tola P.S.- Ara Nawada Dist- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused persons including this petitioner is that they committed murder of the informant's son due to enmity.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. There is no eye witness of the alleged occurrence. Nothing consistent material has come against the petitioner to implicate in this case. A statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.57713 of 2023(3) dt.18-09-2023 2/2 petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide supplementary affidavit filed on behalf of the petitioner which has been annexed in this petition. Moreover, the petitioner is languishing in judicial custody since 28.08.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Nawada P.S. Case No. 736 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Bhojpur at Ara. (Sunil Kumar Panwar, J) Shubham/- U T