Rajesh Saw @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21327 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -PARSABAZAR District- PATNA ======================================================
1. Rajesh Saw @ Rajesh Kumar Son of Pyare Lal Saw Resident of village - Dariyapur, Kurthol, P.S. - Parsa Bazar, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar Verma For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case in, brief, is that his brother Subodh Kumar alias Nunu alias Musa (deceased) has gone to bring ration on 6.1.2015 at 6 PM in the shop of Rajesh Sao of Dariyapur. It is alleged that his brother had informed his wife Rekha Devi on phone that he would return after ten minutes with ration but he did not return, thereafter his wife connected mobile of his brother which was found switched off. It is alleged that on 7.1.2015 informant's Bhagina namely Canit Kumar went to the shop of the accused Rajesh Sao and inquired about Subodh Kumar who told
Patna High Court Cr.Misc. No.21327 of 2015 (2) dt.14-07-2015 2/3 that in the night itself Subodh had gone towards Bhelwara with two persons. It is alleged that it was learnt that Subodh was in the shop of the accused Rajesh till late night and there was hot talk amongst them. It is alleged that the accused Rajesh was asked to show CC TV footage on which he became angry and denied to show the footage. It is alleged that on search Subodh was not found and in the evening at 7 PM information was received that a dead body was in Punpun river in front of Salarpur garden where the informant reached and identified the dead body having various injuries caused by sharp edged weapon on his face and body. The informant has alleged that the accused Rajesh who is of criminal nature has committed murder of his brother along with his associates.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.1.2015. It is further submitted that the charge sheet has been submitted in the case. From perusal of the FIR it would appear that it is a case of last seen. On behalf of the State it has been submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.21327 of 2015 (2) dt.14-07-2015 3/3 to the satisfaction of Smt. Indrani Kisku, learned Judicial Magistrate, lst Class, Patna in Parsa Bazar P.S.Case No. 3 of 2015. (Sudhir Singh, J) singh/- U