Patna High CourtCR. MISC./65373/2023allowed

Rahul Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65373 of 2023 Arising Out of PS. Case No.-342 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== RAHUL KUMAR SON OF MAHESH KUMAR SINGH RESIDENT OF VILLAGE - ONAMA, POLICE STATION - SHEIKHOPUR SARAI, DISTRICT - SHEIKHPURA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Richa For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, some unknown person is said to have shot dead the brother of the informant Upendra Singh by resorting firing on his chest & head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired during course of investigation on the basis of self confessional statement of the petitioner which is inadmissible in the eye of

Patna High Court CR. MISC. No.65373 of 2023(3) dt.01-12-2023 2/2 law. No direct or consistent evidence has come against the petitioner to connect him with the alleged murder of the informant's brother. He was also not put on TI Parade. It is further submitted that the petitioner is languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisaliganj P.S. Case No. 342 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd Nawada.

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