Rahul Kumar @ Rahul Kr. Paswan Vs The State of Bihar

====================================================== Jitendra Yadav @ Budhan Yadav @ Jitendra Kumar S/o- Lakhan Yadav Resident Of Village- Karmatad Ps- Kawakol District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 15763 of 2025) For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP For the Informant : Mr. Ram Pravesh Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 16909 of 2025) For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP For the Informant : Mr. Ram Pravesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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5 09-07-2025

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Heard learned counsel for the petitioners, learned

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counsel for the informant and learned APP for the State. Perused the case diary.

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The petitioners seek bail in connection with Kawakole P.S. Case No. 456 of 2024 instituted for the offences

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Patna High Court CR. MISC. No.15763 of 2025(5) dt.09-07-2025 2/3

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under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(3), 118(2), 109, 103(1) of the Bharatiya Nyaya Sanhita, 2023.

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Prosecution story, in short, is that petitioners along with other co-accused persons assaulted the informant and his father by means of rod on his head, as a result of which, informant’s father died on the spot and when the other persons tried to rescue, the accused persons also assaulted them, due to which they also sustained injuries.

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Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel appearing for petitioner, namely, Jitendra Kumar further submitted that police, after investigation submitted charge-sheet against the petitioner but differing with the same, learned court below took cognizance against the petitioner. The specific allegation of assaulting the deceased is against Gautam Yadav, Satyendra Yadav and Prithvi Yadav. It has been submitted on behalf of the petitioners that petitioners are in custody since 25.12.2024. Petitioner namely, Rahul Kumar @ Rahul Kumar

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Patna High Court CR. MISC. No.15763 of 2025(5) dt.09-07-2025 3/3

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Paswan has no criminal antecedent whereas petitioner namely, Jitendra Yadav @ Budhan Yadav @ Jitendra Kumar has one criminal antecedent. The co-accused persons have already been granted bail by this Court vide order dated 23.06.2025 passed in Cr. Misc. No. 11308 of 2025.

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Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioners.

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Considering the aforesaid facts and circumstances of the case the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

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Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kawakole P.S. Case No. 456 of 2024.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Rahul Kumar @ Rahul Kr. Paswan v. The State of Bihar

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Rahul Kumar @ Rahul Kr. Paswan v. The State of Bihar

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