Rahul Kumar @ Fokan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63365 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- DHANARUA District- Patna ====================================================== 1.
RAHUL KUMAR @ FOKAN SON OF LATE BRAJBHUSHAN @ GABAR PRASAD RESIDENT OF VILLAGE -SWEDAHA BIGHA, P.S. - DHANARUA, DISTRICT - PATNA 2.
CHUNNU KUMAR @ RANBIR KUMAR SON OF LATE BRAJBHUSHAN @ GABAR PRASAD RESIDENT OF VILLAGE -SWEDAHA BIGHA, P.S. - DHANARUA, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 149, 341, 323, 307, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant alleged that the named accused persons including petitioners called her husband on mobile and assaulted him and later, killed him and the dead body was being taken in a car.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is general
Patna High Court CR. MISC. No.63365 of 2023(3) dt.19-12-2023 2/2 and omnibus allegation against these petitioners and no specific overt act against them. He further submitted that the others coaccused have already been granted bail by a Co-ordinate Bench vide order dated 28.08.2023 passed in Cr. Misc. No. 56015 of 2023. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 13.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 125 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T