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Patna High CourtCR. MISC./76178/2023allowed

Raman Kumar v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76178 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Raman Kumar Son Of Pankaj Rawat Resident Of Village - Gidhaur, Police Station - Gidhaur, District - Jamui.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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 Sections 302, 306/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons are alleged to have assaulted the informant's brother-in-law, namely, Rajesh Kumar with fists, slaps and pressed his neck due to which he became unconscious and consequently he died. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.76178 of 2023(3) dt.27-02-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 18.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Pankaj Rawat @ Pankaj kumar has been granted bail vide order dated 02.08.2023, passed in Cr. Misc. No. 17026 of 2023 by the co-ordinate Bench of this Court.

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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laxmipur (Gidjhaur) P.S. Case

Patna High Court CR. MISC. No.76178 of 2023(3) dt.27-02-2024 3/3 No. 310 of 2022 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 Additional Chief Judicial Magistrate II, Jamui.

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