Harsh Singh Rajput @ Harsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2181 of 2022 Arising Out of PS. Case No.-109 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== HARSH SINGH RAJPUT @ HARSH KUMAR Son of Mrityunjay Singh Rajput Resident of Mohalla- Rajendra Colony, P.S.- Naugachia, DistrictBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Addl Public Prosecutor For the Opposite Party/s :
Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of pre-arrest bail in Naugachiya P.S. Case No. 109/2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, son of the informant was called by accused persons and when his son reached Rajendra Colony, other accused persons fired upon him as a result of which he died.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Informant is not the eye witness of the occurrence. Police after investigation did not
Patna High Court CR. MISC. No.2181 of 2022(2) dt.25-07-2022 2/2 chargesheet the petitioner. However, Court below differing with the same, took cognizance of the offence against the petitioner. Petitioner has got no criminal antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Naugachia, Bhagalpur in Naugachia Police Station Case No. 109 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T