Raja @ Raja Kumar @ Raja Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6420 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Raja @ Raja Kumar @ Raja Kamat S/O Umesh Kamat R/O Ward No.-27, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kishanpur P.S Case No. 87 of 2023 registered for the offences punishable under Sections 302, 201, 120(B), and 364/34 of the I.P.C.

3. As per allegation in the FIR, it is a case of commission of murder of the informant's son, namely, Prince Kumar by petitioner and his associates after making several assault over his head and according to police official his dead body was found with profused bleeding near Hanuman Temple of Kosi.

Patna High Court CR. MISC. No.6420 of 2024(2) dt.16-02-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no eye witness of the alleged occurrence. It is general and omnibus allegation against all accused including petitioner. There is no recovery from petitioner which shows no direct or indirect evidence of his involvement in this case. It is also submitted that petitioner is in judicial custody since 30.06.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and seizure list, and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S

Patna High Court CR. MISC. No.6420 of 2024(2) dt.16-02-2024 3/3 Case No. 87 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of one month from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T