Patna High CourtCR. MISC./76053/2023bail granted

Rishav Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76053 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Rishav Kumar Son Of Manish Kumar Resident Of Ward No. 7, Anandpuri, Bibiganj, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion.

3. The petitioner seeks bail in connection with Muzaffarpur Rail P.S. Case No. 22 of 2023 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

4. As per the prosecution case, the dead body of the deceased was recovered from the railway track.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and in the CCTV footage it has also come that the petitioner was going towards railway track alone.

Patna High Court CR. MISC. No.76053 of 2023(3) dt.10-01-2024 2/2

6. It is also submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and he is in jail since 15.06.2023.

7. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

8. Considering the aforesaid facts and the period of custody, this application is allowed.

9. Let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Court of Additional District and Sessions Judge, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No. 22 of 2023 now Sessions Trial No. 887 of 2023.

10. As a condition of this order, the petitioner after being released on bail is directed to co-operate in the trial and if he will not co-operate properly in the trial then his bail bonds shall be cancelled.

(Sandeep Kumar, J) Vikas/- U