Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29774 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Raja Kumar Son of Sri Ram Pukar Singh Resident of Village- Baijnathpur, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Adv For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Wazirganj P.S. Case No. 27 of 2023 dated 14.01.2023 registered for the offences punishable u/s 304 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, on 10.01.2023, the son of the informant went with his friends without informing the informant and when the informant talked with her son on phone, he replied to come soon, but he didn't come. The informant received message and call from different mobile number of his son that he would come tomorrow as he went to Rajrappa.
Patna High Court CR. MISC. No.29774 of 2024(2) dt.29-04-2024 2/3 Eventually, after multiple calls he did not come home and his phone was found switched off. The Informant has suspicion that the petitioner and the other co-accused persons have abducted the informant's son and thrown his dead body near a well situated within Bermo Police. Accordingly, the F.I.R. has been registered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the post mortem report no injury has been found on the body of the deceased. There is general and omnibus allegation against the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Wazirganj P.S. Case No. 27 of 2023.
Patna High Court CR. MISC. No.29774 of 2024(2) dt.29-04-2024 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U T