Prince Raj @ Mangal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50123 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== Prince Raj @ Mangal Son Of Sikandar Rai @ Sikandar Ray Resident Of Village - Pasopur, P.S.- Bhagwanpur, District - Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2022 A counter-affidavit has been filed on behalf of the State, is kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bhagwanpur P. S. Case No.233 of 2020, instituted for the offences under Section 364/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 16.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant (Rubi Devi) alleges that her son Shivam Kumar @ Chhotu was called by the named accused persons

Patna High Court CR. MISC. No.50123 of 2021(4) dt.21-02-2022 2/3 including the petitioner and he left the house, but did not return back to home. Hence, based on suspicion, she alleges that the accused persons might have kidnapped her son and her son would be murdered by the accused persons.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case merely based on suspicion. Even, during the course of investigation, no material has come based on which, it can be even remotely suggested that the petitioner was involved in the occurrence except the fact that he along with other named accused persons had called the son of the informant from home. Learned A.P.P. in compliance of the order dated 17.02.2022 files a counter-affidavit. From perusal of which also, it manifests that there is nothing in the counter-affidavit which suggests the involvement of the present petitioner and at the same time, Annexure-A to the counter-affidavit records that the deceased had antecedents and he was absconding. Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and except for suspicion in the F.I.R., nothing, even during the course of investigation, has come which connects the petitioner with the offence, the petitioner,

Patna High Court CR. MISC. No.50123 of 2021(4) dt.21-02-2022 3/3 above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P. S. Case No.233 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T