Rahul Kumar @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78239 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- PANDARAK District- Patna ====================================================== RAHUL KUMAR @ CHUNNU S/O- BADHO RAY Village-Bali P.S.- Pachrukhiya Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Suraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner in association of other co-accused is said to have killed the wife of the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Co-accused, namely, Rekha Devi has been enlarged on

Patna High Court CR. MISC. No.78239 of 2024(4) dt.28-02-2025 2/2 bail by this court vide order dated 05.02.2025 passed in Cr. Misc. No. 83781 of 2024. The petitioner has no criminal antecedent and has been languishing in custody since 29.04.2024.

5. Learned APP for the State assisted by learned counsel for the informant opposed the bail petition.

6. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sessions Trial No.1272 of 2024, arising out of Pandarak P.S. Case No.99 of 2024, subject to condition that the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) Trivedi/- U T