Raja Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61765 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== RAJA KUMAR @ RAJ KUMAR Son of Sunil Prasad Gupta Resident of Village- Baratpur, P.S.- Town, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in nutshell is that when the informant with his father went to their land, in the meantime, the petitioner along with co-accused persons came there. The co-accused Sunil Chandravanshi and Rahul Chandravanshi started indiscriminate firing with pistol upon the informant and his father due to which informant's father died on the spot. Thereafter, this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.61765 of 2022(2) dt.09-02-2023 2/2 falsely been implicated in this present case due to village politics. The specific allegation of shot fire upon the informant's father is against co-accused namely, Sunil Chandravanshi and Rahul Chandravanshi. There is no specific overt-act against the petitioner rather general and omnibus allegation leveled against him. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.7.2022.

Learned APP appearing for the state has 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 Aurangabad (Muffasil) P.S. Case No. 246 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 C.J.M., Aurangabad (Bihar).

(Sunil Kumar Panwar, J) amandeep/- U T