Rajesh Singh @ Musho Singh @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12187 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== RAJESH SINGH @ MUSHO SINGH @ RAJESH KUMAR S/o Dashrath Prasad Singh @ Dasrath Pd. Singh @ Mural Singh Resident of VillageGhoghi, P.S.-Piri Bazar, District-Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-10-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Piri Bazar P.S. Case No. 113 of 2019, registered for the offence under sections 302, 201, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the FIR, it is stated by the informant that her husband was at home when he was called by Chamaru Santhal that some persons were looking for him. Thereafter, he disappeared. It is further stated by the informant that she suspects the petitioner's hand as there was some differences between the informant's husband and the petitioner
Patna High Court CR. MISC. No.12187 of 2020(4) dt.09-10-2020 2/3 over a sum of Rs.10 lakh, which had been transferred from the account of mother-in-law of the informant to the account of the petitioner and the husband of the informant was pursuing the petitioner to return the same.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated only on the basis of unfounded suspicion raised against him in the FIR. It is further submitted that Chamaru Santhal, who as per the informant, called the husband of the informant, his statement was recorded in course of investigation and he has stated that he had called the husband of the informant on behalf of other accused persons, not the petitioner herein. The petitioner has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Case diary called for in the case, has been received. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner and the material that has transpired in course of investigation, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of
Patna High Court CR. MISC. No.12187 of 2020(4) dt.09-10-2020 3/3 his arrest or surrender in connection with Piri Bazar P.S. Case no. 113 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/ ( Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T