Rajesh Kumar @ Rajesh Purve @ Rajesh Kumar Purve v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49756 of 2023 Arising Out of PS. Case No.-213 Year-2017 Thana- SONBERSA District- Sitamarhi ====================================================== Rajesh Kumar @ Rajesh Purve @ Rajesh Kumar Purve Son Of Chandeshwar Purve Resident Of Village Chilari Ward No 6 Ps Sonbarsa Dist Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ayush Kumar For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code. It is alleged against all the F.I.R named accused persons including the petitioner that they administered poison in the cold drink of the son of the informant as a result of which, son of the informant died.
Patna High Court CR. MISC. No.49756 of 2023(3) dt.19-09-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The son of the informant was a drug addict and was always found in drugs overdoses, as a result of which he died. Moreover, the F.I.R was registered after 44 days of the occurrence without explaining the delay. The petitioner is languishing in custody since 25.11.2022. Moreover, other co-accused has been granted bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 54852 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like
Patna High Court CR. MISC. No.49756 of 2023(3) dt.19-09-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 213 of 2017.
(Sunil Kumar Panwar, J) Shageer/- U T