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Patna High CourtCR. MISC./69233/2023allowed

Rahul Kumar @ Rahul Jaikar @ Rahul Jauker v. The State Of Bihar

2023-11-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69233 of 2023 Arising Out of PS. Case No.-952 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== RAHUL KUMAR @ RAHUL JAIKAR @ RAHUL JAUKER son of Late Yugal Pasi @ Jugal Choudhary Mohalla- Shital Tola Ps- Ara Town DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 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 section 147, 148, 149, 452, 307, 302, of the Indian Penal Code and Section 27 of the Arms Act subsequently Sections 25(1-b)a, 26 of the Arms Act was also added.

3. As per FIR, the informant alleged that due to previous dispute, the petitioner, co-accused persons including some unknown persons came at the floor mill of the informant and started assaulting and firing due to which

Patna High Court CR. MISC. No.69233 of 2023(2) dt.01-11-2023 2/3 petitioner and his son sustained gunshot injuries. Thereafter, they were taken to hospital where doctor declared his son dead and the treatment of the petitioner is going on.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous dispute. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated co-accused has already been granted bail by learned Court below vide order dated 28.043.2023 passed in B.P. No. 2284 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 20.02.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Town P.S. Case No. 952 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.69233 of 2023(2) dt.01-11-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

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