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Patna High CourtCR. MISC./19084/2021allowed

Rajni Kant Pandey v. The State Of Bihar

2022-02-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19084 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== RAJNI KANT PANDEY SON OF TRILOKI NATH PANDEY R/O VILLAGE BIMARI, P.S- BIHIYA, DIST- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jagdishpur P.S. Case No. 20/2020 instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

In this case, case diary was called for and the petitioner was granted provisional bail by order dated 10.01.2022 by taking into account that the implication of

Patna High Court CR. MISC. No.19084 of 2021(3) dt.08-02-2022 2/3 the petitioner was only on the ground that he had made attempts to sell the consignment which was loaded on the truck belonging to the deceased. The consignment was of refined oil.

While granting provisional bail to the petitioner, this Court also took note of the fact that the deceased was carrying on his business in the State of Jharkhand but his dead body was found somewhere in the State of Bihar and that the accusation against the petitioner was based only on confession of two arrested accused persons. The petitioner actually, at the relevant time, was employed with a person by the name of Santosh Kumar Thakur who claims to have owned the truck.

The case diary has since been received.

There is no other fact collected during the course of investigation which would be contrary to the tentative findings of the Court on reading the F.I.R. and other materials.

Considering the afore-noted facts, the provisional bail granted to the petitioner, is hereby confirmed.

Patna High Court CR. MISC. No.19084 of 2021(3) dt.08-02-2022 3/3 The petitioner shall remain on the same bail bonds. The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T