Lalu Rai @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34145 of 2020 Arising Out of PS. Case No.-300 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== LALU RAI @ INDRAJEET KUMAR Son of Ramanand Rai Resident of Village - Dighi Kala, East, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner is apprehending his arrest in a case registered under Sections 302, 364, 201, 420, 406, 120(B) of the Indian Penal Code.

The prosecution case, in short, is that the accused persons took money form the father of the informant and others for job in Railways but later on on job was given and when the father of the informant went to the house of co-accused and demanded money whereafter his dead body was found on railway track.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.34145 of 2020(3) dt.14-07-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. As per the prosecution case, it is a case of last seen. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. Some incriminating articles are said to have been recovered from the possession of co-accused Rajeev Mali. No incriminating article is recovered from the possession of this petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Sadar P.S. Case No. 300/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.34145 of 2020(3) dt.14-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T