Rahul Kumar @ Chatta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74460 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Rahul Kumar @ Chatta Son Of Gopal Prasad @ Gopal Kedar @ Gopal Ram R/V- Karmi, P.S.- Rafiganj, District Aurangabad ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 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 Sections 302/34, 506 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR is that petitioner along with other co-accused persons have shot the night guard of Raja Brick Kiln Udyog, owned by informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The
Patna High Court CR. MISC. No.74460 of 2022(2) dt.23-03-2023 2/3 petitioner is not named in F.I.R and his named sprang up in this case on the confessional statement of co-accused persons. It is also submitted that petitioner is languishing in judicial custody since 01.07.2022. Moreover, similarly situated co-accused person has been granted bail vide order dated 14.10.2022, passed in Cr. Misc. No. 41317 of 2022 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 Rafiganj P.S. Case No. 99 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 Sessions
Patna High Court CR. MISC. No.74460 of 2022(2) dt.23-03-2023 3/3 Judge XV, Aurangabad.
(Sunil Kumar Panwar, J) nirajkrs/- U T