Raja Dhobi @ Rohit Kumar Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27687 of 2023 Arising Out of PS. Case No.-308 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.
Raja Dhobi @ Rohit Kumar Rajak Son Of Om Prakash Rajak Resident Of Aaranya Devi Mandir Dhobia Gali, P.S. - Ara Nagar, District - Bhojpur 2.
Shayam Babu @ Shayam Rajak @ Chotu Son Of Late Rajesh @ Rajeshwar Prasad Resident Of Aaranya Devi Mandir Dhobia Gali, P.S. - Ara Nagar, District - Bhojpur ... ... Petitioner/S
Versus
The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek regular bail in connection with Ara Nagar P.S. Case No. 308 of 2021 registered for the offence under Sections 302 & 201 of the Indian Penal Code. As per prosecution case, on 22.4.2021 the informant's son went anywhere but did nor return. After search, the informant came to know that dead body of this son was lying on the terrace of the godown of Vishwanath Sah. Thereafter, the informant alleged that his son was committed murder by unknown persons after hatching conspiracy.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.27687 of 2023(3) dt.25-07-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are not named in the FIR rather their name surfaced in this case on the basis of statement of witness Anshu Kumar who was also participated and present at the place of occurrence. No specific overt act attributed to the petitioners. Moreover, similarly situated co-accused namely, Lathi @Rahul Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 17.3.2023 passed in Cr. Misc. No. 40791 of 2022 and in support of this Annexure-2 has been annexed with this petition. The petitioners have have got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioners are languishing in judicial custody since 22.2.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ara Town P.S. Case No. 308 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.27687 of 2023(3) dt.25-07-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.
(Sunil Kumar Panwar, J) Amandeep/- U T