Rahul Kumar @ Rahul Dass v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63675 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rahul Kumar @ Rahul Dass S/O Suresh Dass R/O - Ward No. 13, (Near Bhagwati Ashthan), Nagdah, P.S.- Muffasil (Singhaul O.P), Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the petitioner and other accused persons fired upon the informant's son, on account of which, he died on way to hospital.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Though, after investigation, police submitted final form showing the case not true against the petitioner, but differing with the same, the learned court below took cognizance against the petitioner and all FIR named co-accused persons. He submits that similarly situated co-accused has already been

Patna High Court CR. MISC. No.63675 of 2022(2) dt.16-01-2023 2/2 granted bail by a coordinate Bench of this Court vide order dated 20.12.2022 passed in Cr. Misc. No. 54226 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Begusarai Muffasil P.S. Case No. 206 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T