Indal Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6274 of 2024 Arising Out of PS. Case No.-197 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Indal Rajbanshi Son of Arjun Rajbanshi Resident Of Village- Hariya Gopal Nagar, Ps- Nardiganj, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajgir P.S. case No. 197 of 2023 instituted for the offences under Sections 302, 201 and 120B/34 of the Indian Penal Code.

3. Prosecution story, in short, is that the husband of the informant left the house with the passengers to Rajgir. In the evening, his mobile got switched off and the next morning chowkidaar informed that her husband was killed and his dead body was thrown behind the mountain.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.06.2023 and has no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case merely on suspicion. The informant is not an eye witness and there is no eye witness to the alleged occurrence. Petitioner is named in the

Patna High Court CR. MISC. No.6274 of 2024(2) dt.12-02-2024 2/2 case merely on suspicion and there is no substantive material against the petitioner to show his involvement. It is not even a case of circumstantial evidence. Similarly situated co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 08.11.2023 passed in Cr. Misc. No. 71123 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajgir P.S. case No. 197 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T