Patna High CourtCR. MISC./72691/2023bail granted

Rajan Kumar Sah @ Rajni v. The State Of Bihar

2024-03-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72691 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- CHAPRA KACHARI RAIL P.S. DistrictSaran ====================================================== RAJAN KUMAR SAH @ RAJNI S/O VINOD SAH R/O VILLAGEKULDIP NAGAR, WARD NO. 10, P.S- CHAPRA MUFFASIL, DISTT.- SARAN. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Rail Chapra Katchari P.S. Case No. 136 of 2023 registered for an offence punishable under Sections 302/120(B)/34 of the IPC.

3. As per FIR, the informant's son has been stabbed to death on the ground that he was in relationship with a girl.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not been named in the FIR. He further submits that name of the petitioner has surfaced on the basis of confessional statement made by the co-accused, namely, Prakash Kumar. It is next submitted that no incriminating article has been recovered from the possession of the petitioner and he is in custody since

Patna High Court CR. MISC. No.72691 of 2023(5) dt.27-03-2024 2/2 13.07.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and the fact that no recovery has been made from the possession of the petitioner and petitioner is not named in the FIR and his name has cropped up on the confessional statement of a co-accused, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saran, Chapra in connection with Chapra Katchari P.S. Case No. 136 of 2023.

(Ramesh Chand Malviya, J) perwez U T