Raja King @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41322 of 2024 Arising Out of PS. Case No.-928 Year-2022 Thana- MANER District- Patna ====================================================== Raja King @ Raj Kumar Son Of Tunnu Rai Village- Darweshpur, Jivrakhan Tola, Ps- Maner, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is in custody since 20.06.2023 and the informant alleges that on 13-12-2022 at about 9:30 PM, his son (deceased) received a call on his mobile from Raja King (Petitioner), who asked him to come out of the house, accordingly, his son went to meet Raja, thereafter Raja along with six named accused persons abducted his son and killed him and threw his body in a canal, further the mobile from which his son had received the call was recovered
Patna High Court CR. MISC. No.41322 of 2024(2) dt.04-10-2024 2/3 from the house of the petitioner and was handed over to the police.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is further submitted that the petitioner and the deceased were friends. It is also submitted that postmortem of the dead body was conducted and the postmortem report records the cause of death as asphyxia due to drowning. It is next submitted that petitioner along with his friends including the deceased had gone to take bath in the canal, where the victim died on account of drowning. It is also submitted that Aniket Kumar had approached this court seeking anticipatory bail by filing Cr. Misc. No.34113/2024 and the same was allowed by an order dated 20.09.2024. It is next submitted that charges against the petitioner has been framed on 29.07.2024. It is next submitted that petitioner will not abscond rather will co-operate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees
Patna High Court CR. MISC. No.41322 of 2024(2) dt.04-10-2024 3/3 Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maner P.S. Case No. 928 of 2022, corresponding to Sessions Trial No.1228/2023.
7. Further, one of the bailors of the petitioner shall be his father, namely, Tunnu Rai.
8. It is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be liberty to forthwith cancel the bail bonds of the petitioner and to take all coercive steps to ensure that petitioner is behind bars. (Satyavrat Verma, J) amit/- U T