Baij Nath Rai @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15209 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -BRAHMPUR District- BUXAR ====================================================== Baij Nath Rai @ Satish Kumar son of Ramadhar Rai, Resident of villageKosdihra, P.S. Sandesh, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. The F.I.R. is lodged against unknown for recovery of the dead body of Kamta Thakur by the side of NH-84. Ramawati Devi, the daughter-in-law of the deceased, disclosed that the petitioner called her father-in-law from Gujarat to settle the land dispute and the petitioner was last seen with the deceased. It is submitted that except the evidence of last seen with the deceased, there is no tangible evidence to show the involvement of the petitioner in the killing of Kamta Thakur. It has come during the course of investigation that the petitioner has got land dispute with the deceased, but it appears from perusal of para 48 & 49 of the case diary that the petitioner had a talk with the deceased in and

Patna High Court Cr.Misc. No.15209 of 2015 (3) dt.06-07-2015 2/2 around the place of occurrence on mobile and the location of the petitioner was found in and around the place from where the dead body was recovered.

Considering the facts aforesaid, I do not feel inclined to enlarge the above named petitioner on anticipatory bail in Brahampur P.S. Case No. 103 of 2014. Accordingly, the same is rejected.

The petitioner is directed to surrender in the court below within four weeks from the date of receipt / production of a copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner on its own merits without being prejudiced from this order. (Prabhat Kumar Jha, J) Dilip/- U T