Karu Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15766 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- RAJGIR District- Nalanda ====================================================== Karu Rajvanshi, Son of Late Janki Rajvanshi, R/o village- Laxmipur, P.SNalanda Town (kadirganj), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.12.2018 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the written report of Dharmendra Rajvanshi submitted to the Station House Officer of Rajgir Police Station is to the effect that the brother of the informant, Dhananjay Rajvanshi used to work as a labourer in the brick kiln. On 23.02.2017 at 11.30 A.M. after coming from the brick kiln, the brother of the informant went outside the

Patna High Court CR. MISC. No.15766 of 2019(2) dt.14-03-2019 2/3 village to collect wood for cooking purposes but he did not return. Subsequently, the dead body of the brother of the informant was recovered from a canal and after returning village, the informant came to know that there was fight in between the brother of the informant and co-accused Sunil Rajvanshi, Shrawan Kumar Rajvanshi, Bachan Rajvanshi and Karu Rajvanshi, the petitioner the informant raised suspicion that they have killed the brother of the informant. It is submitted by learned counsel for the petitioner that there is no eye witness to the alleged occurrence and only on the basis of suspicion, the accusation has been levelled against the petitioner. It is further submitted that the investigation has already been concluded.

Though, the petitioner is accused in two other cases but he is on bail in both the cases. Learned APP submits that the during investigation it is found that prior to the alleged occurrence, there was fight between the parties and he is named in the FIR. Considering the suspicious nature of accusation and the period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.15766 of 2019(2) dt.14-03-2019 3/3 Biharsharif, Nalanda in connection with Rajgir P.S. Case No, 41 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T