Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12570 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- RISIYAP District- Aurangabad ====================================================== RAJA KUMAR S/O Dilip Kumar Singh @ Dilip Singh Resident of village - Jagdishpur, P.S. - Jamhore, District - Aurangabad (BIhar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranvijay Narain Singh, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP For the Informant :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 120B of the Indian Penal Code.

As per the prosecution case, while the informant along with his brother and others were returning from the Court in a car being driven by Luvkush Kumar Singh, it is stated that the car was stopped near a bridge in a preplanned manner and the five named accused persons including the petitioner herein together with 5-6 unknown persons, on the point of pistol kidnapped Rahul Singh, brother of the informant in his swift car itself. Inspite of search he was not to be found. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.12570 of 2021(3) dt.03-08-2021 2/2 that the petitioner has been falsely implicated in the case. The allegations against the petitioner are general and omnibus in nature. No specific overt act has been alleged against the petitioner. The petitioner is in custody since 1.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him that he along with other four named accused persons kidnapped the brother of the informant and just a few days later his dead body was recovered.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR together with the recovery of the dead body of the informant's brother soon thereafter, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U