Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58464 of 2022 Arising Out of PS. Case No.-472 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== RAHUL KUMAR Son of Late Mangal Singh Resident of VillageNayagoan(Satkhutti), P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar :

Mr.Anuj Kumar, Mr. Aditya Pandey, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, a dead body of a person was found lying near the "Basa" of Pappu Sangahi having deep injuries on the head thereafter the case was lodged against unknown persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner is not named in F.I.R. rather his name came during the course of investigation at the confession of coaccused namely, Kunal Kanhaiya and Chhotu Kumar. Except

Patna High Court CR. MISC. No.58464 of 2022(2) dt.02-02-2023 2/2 this, no any consistent material came against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated several co-accused persons have already been granted by by a coordinate bench of this court vide order dated 23.3.2022. It is further submitted that the petitioner is languishing in judicial custody since 5.7.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 472 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Khagaria. (Sunil Kumar Panwar, J) amandeep/- U T