Bigu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49188 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== Bigu Rai Son of Binay Ray Resident of Village - Dhibra, Police Station - Parsa bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Rathour For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Parsa Bazar P.S. Case No. 19 of 2021, registered for the offence punishable under Sections 302, 201, 120(B) of the Indian Penal Code.

On recovery of one unidentified dead body FIR has been lodged against unknown.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. Petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession. Only material that has come against this petitioner that tower location of mobile used by the petitioner, co-accused and the deceased was found near the place of occurrence and on the

Patna High Court CR. MISC. No.49188 of 2021(3) dt.13-01-2022 2/2 basis of disclosure made by petitioner articles which were used in the commission of crime were seized by the police, but the same has not been put on TIP. Petitioner is in custody since 06.02.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that ample material has come during course of investigation against this petitioner and on the disclosure of this petitioner articles which were used in murder of the deceased were recovered.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T