Patna High CourtCR. MISC./80374/2023allowed

Raushan Kumar v. The State Of Bihar

2024-01-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80374 of 2023 Arising Out of PS. Case No.-647 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== RAUSHAN KUMAR Son of Mr. Haridwar Singh Resident of Village - Batrauliya, P.S.- Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. As per prosecution case, the informant alleged that his younger son Pranay Kumar Singh was shot dead by the FIR named accused persons along with unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case during course of investigation. It is said that the petitioner was also present at the place of occurrence with the

Patna High Court CR. MISC. No.80374 of 2023(3) dt.25-01-2024 2/2 FIR named accused persons but no any consistent material has come against him. Other FIR named accused Rakesh Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 19.12.2022 passed in Cr. Misc. No. 11394 of 2022. He has falsely been implicated in this case. It is further submitted that the petitioner is languishing in judicial custody since 12.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saraiya P.S. Case No. 647 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Muzaffarupr.

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