Rajesh Kumar @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23059 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== Rajesh Kumar @ Laddu Son of Rajendra Prasad Resident of Village - Lakhanu Saray, P.s.- Sasaram, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dehri P.S. Case No. 148 of 2021, lodged under Sections 302 and 34 of the Indian Penal Code.

The allegation as per the prosecution is that there is a strong suspicion prevail against the present petitioner that he has caused death of wife of the informant as he used to put bad eyes on her and also used to call the wife of the informant on her mobile. There is also threat from the petitioner side on the entire family of the informant as he used to threat all. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.23059 of 2022(4) dt.21-09-2022 2/3 a strong suspicion narrated in the F.I.R. and only on the basis of the suspicion against the present petitioner, he is in custody. He further submits that petitioner is in custody since 28.11.2021, charge sheet has already been filed in this case and having one criminal antecedent only in which; he is on bail. Learned counsel for the State opposes the prayer for bail and submits that in the case diary, the confessional statement of the present petitioner is there and on the basis of confessional statement the arms used in the crime has been recovered.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that the present petitioner is the main kingpin in this case. He further submits that on his instigation, the said crime has been committed by 2 criminals.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted to the petitioner to move his application for bail after 2 months from the date of framing of charge in this case. The Trial Court upon move shall release him on bail imposing condition so that he shall not evade his appearance during his trial.

Patna High Court CR. MISC. No.23059 of 2022(4) dt.21-09-2022 3/3 With this observation, the bail application stands rejected.

(Dr. Anshuman, J) prakashmani/- U T