Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85334 of 2024 Arising Out of PS. Case No.-349 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== Rishi Kumar S/O Late Raju Prasad @ Raju Saw R/O village- Telbigha Chaudhary Gali, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Kotwali P.S. Case No. 349 of 2021 registered for the offences under Section 302/34 of the IPC.

3. The petitioner is named in the F.I.R. and is in custody since 01.08.2024.

4. The allegation against the petitioner is to commit murder of the son of the informant alongwith other coaccused persons due to previous enmities.

5. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witnesses

Patna High Court CR. MISC. No.85334 of 2024(2) dt.22-01-2025 2/3 of the occurrence and even the allegation of last scene is not available against him rather same is available against coaccused Rahul Kumar and Abhishek Kumar, who have already granted bail by this court and co-ordinate bench of this court through Cr. Misc. No. 46876 of 2022 vide order dated 22.12.2022 & Cr. Misc. No. 25684 of 2022 vide order dated 26.08.2022, respectively. It is pointed out that save and except suspicion arising of out of information gathered from the unidentified persons, nothing incriminating appears against this petitioner. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above and by taking note of fact as save and except suspicion arising out of information provided by unidentified person nothing appears incriminating, so as to

Patna High Court CR. MISC. No.85334 of 2024(2) dt.22-01-2025 3/3 connect this petitioner prima-facie with the present murder, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 01.08.2024, accordingly, petitioner, above named, is directed to be released on bail in connection with Kotwali P.S. Case No. 349 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ 480(3) of the BNSS. (Chandra Shekhar Jha, J.) S.Tripathi/- U T