Patna High CourtCR. MISC./80827/2023allowed

Rajnish Kumar @ Rajnish Das v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80827 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Rajnish Kumar @ Rajnish Das Son Of Binod Das @ Dev Kumar Das Resident Of Village - Dih Dashara Balupur, P.S. - Patory, District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the grand-son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Murari Das, which has got no evidentiary value in the eyes of

Patna High Court CR. MISC. No.80827 of 2023(3) dt.07-02-2024 2/2 law. Except suspicion, there is no consistent evidence has come against the petitioner to show his complicity in the alleged occurrence. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Samastipur in connection with Shahpur Patori P.S. Case No. 192 of 2023. (Sunil Kumar Panwar, J) Arish/- U T