Randhir Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58194 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== RANDHIR MISHRA S/o CHHEDI MISHRA R/o VILLAGE-MISHRA TOL DANIYALPUR, P.S-TEGHRA, DISTRICT-BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr. Rajesh Kumar Choudhary Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, petitioner is suspected to be involved in the murder of one Vijay Kumar of village Vrindavan, Police Station Sarmera, District Nalanda. Learned counsel for the petitioner submits that petitioner is not named in the FIR and the Petitioner's name has figured during course of investigation in paragraph 53 of case diary that he along with other co-accused was seen near the

Patna High Court CR. MISC. No.58194 of 2021(3) dt.25-03-2022 2/2 place of occurrence. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's mobile phone tower location has been found to be near the place of occurrence at the relevant time and except the same, no other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. He is in custody since 20.02.2021 and investigation in this case is complete.

Learned counsel for the State and the informant vehemently opposed the prayer for bail and submitted that weapon used in the crime has been recovered from the possession of this petitioner and mobile phone tower location of this petitioner has been found to be near the place of occurrence at the relevant time.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T