Raja Kumar @ Raja Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16806 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Raja Kumar @ Raja Das S/O Anil Das R/O Village- Rampur Khurd, P.SMadhusudanpur, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Diwakar Upadhyaya, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 485 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per the prosecution case, the allegation is regarding the husband of the informant gone out in search of a job on 12-06-2023 at around 6:00 PM, in the evening, however, when he did not come back in the night, search was made and in the morning of 13-06-2023, his dead body was found lying near Chakdar Bahiyar, Rampur. It is alleged that the FIR named accused persons are involved in the killing of the husband of the

Patna High Court CR. MISC. No.16806 of 2024(2) dt.13-03-2024 2/3 informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-06-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case merely because of his relationship as 'dewar' of the informant. Petitioner is not named in the FIR. It is alleged that petitioner along with other co-accused were last seen with the deceased. Other co-accused has been granted bail by a Coordinate Bench of this Court, vide order dated 11-10-2023, passed in Cr. Misc. No. 61343 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

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 Nathnagar

Patna High Court CR. MISC. No.16806 of 2024(2) dt.13-03-2024 3/3 (Madhusudanpur) P.S. Case No. 485 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T