Raja Noniya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37413 of 2020 Arising Out of PS. Case No.-1094 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Raja Noniya, aged about 22 years, Male, son of Moti Mahto, R/o Utari Sangat, P.S.- Phulwari Sharif , District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary, Advocate For the Informant : Deepak Kumar Singh, Advoate For the State :
Mr.Md. Mushtaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 1094 of 2019 registered for the offences punishable under Sections 363, 365, 302, 201, 147, 149 of the Indian Penal Code.
The informant namely Sohaib Ahmad given his written report before the officer incharge of Phulwari Sharif Police Station and stated that the son of the informant Amir Hanjala aged about 18 years, traceless and the informant further stated that the son of the informant gone to locality at Tamtam Paraw Phulwari Sharif and till 11 'O' clock night the son of the informant not return thereafter present case lodged by the
Patna High Court CR. MISC. No.37413 of 2020(3) dt.02-03-2021 2/3 informant.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and t he petitioner has falsely been implicated in the present case. He further submits that on the basis of confessional statement of co-accused, the petitioner has been made accused in the present case. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 11.01.2021 passed in Cr. Misc. No.29734 of 2020. The petitioner is in jail custody since 21.01.2020.
Learned counsel for the informant submits that on the basis of confessional statement of the other co-accused, the dead body is said to have been recovered and the said co-accused has also taken the name of the present petitioner. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Phulwari Sharif P.S. Case No.1094 of 2019 pending in the court of learned Sub Judge-IX cum A.C.J.M.-IX, Patna is hereby rejected. However, the petitioner may pray for
Patna High Court CR. MISC. No.37413 of 2020(3) dt.02-03-2021 3/3 bail before the court below and the court below is directed to release the petitioner on bail after framing of charge. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Nasimul/- U T