Rajendra Patel @ Rajesh Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23487 of 2024 Arising Out of PS. Case No.-561 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.
RAJENDRA PATEL @ RAJESH PATEL S/O RAJ NARAYAN PATEL @ JAY NARAYAN PATEL R/O VILLAGE- BERAI, P.S- SARAI, DISTT.- VAISHALI.
2.
MUKESH PATEL S/O RAJ NARAYAN PATEL @ JAY NARAYAN PATEL R/O VILLAGE- BERAI, P.S- SARAI, DISTT.- VAISHALI. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR BIHAR 2.
PRADIP KUMAR SINGH S/O LATE BALLAV SINGH R/O VILLAGEBAJITPUR, P.S- HAJIPUR SADAR, DISTT.- VAISHALI. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-04-2024 Heard the learned counsel for the petitioners as well as the learned counsel for the informant and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Complaint Case No. 561/2019 registered for offence punishable under sections 302/34 of the Indian Penal Code.
3. As per allegation, the grandson of the informant, namely, Ankit Kumar aged about 2 1⁄2 years was playing on his darbaja. Meanwhile, his co-villager Manoj Singh and Vikash Singh came there and took away the grandson of informant. After some time, the informant heard crying of his grandson. He went there and
Patna High Court CR. MISC. No.23487 of 2024(2) dt.10-04-2024 2/2 saw that Manoj Singh and Vikash Singh along with petitioners and other accused persons were fleeing away. They eliminated the grandson of the informant. The informant saw the dead body of his grandson, his throat was cut and also stomach was incised.
4. The learned counsel for the petitioners has submitted that during the course of investigation, no material emerged against the petitioners, as such, the investigating authorities submitted final form against the petitioners, but some accused persons were chargesheeted and still they are facing trial. He has submitted further that final form was accepted by the learned Chief Judicial Magistrate, but the matter proceeded on the basis of protest petition filed on behalf of the complainant.
5. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XV, Vaishali at Hajipur in connection with Complaint Case No.561/2019, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) Kundan/- U T