Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73206 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- DELHA District- Gaya ====================================================== Rahul Kumar Son Of Late Vishundeo Prasad @ Bishnu Deo Prasad Resident Of Village - Kharkhura, Sabji Mandi, Police Station - Delha And District - Gaya (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that on 09.01.2023 at about 7:00 PM, brother of the informant, namely, Amod Kumar was killed by fire arm. It is further alleged that some dispute was going on and scuffle has taken place with one Sunil Kumar and the deceased.

Patna High Court CR. MISC. No.73206 of 2023(3) dt.18-12-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the F.I.R. There is no specific allegation attributed against the petitioner rather his name has been arrayed in this case merely on the basis of suspicion and his self confessional statement before the police, which has no evidentiary value in the eye of law. From perusal of F.I.R., it is evident that dispute was going on between the deceased and one Sunil Kumar. There is no eye witness o the alleged offence. Moreover, the petitioner is languishing in judicial custody since 12.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.73206 of 2023(3) dt.18-12-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Delha P.S. Case No. 17 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

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