Laljee Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17221 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- DINARA District- Rohtas ====================================================== Laljee Chaudhary aged about 24 years Son Of Satyadeo Chaudhary Resident of Village - Mirzapur Khairi, P.S.- Dinara, Dist.- Rohtas ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate and Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Subhash Kumar and Rajiv Nayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in Dinara Police Station Case No. 65 of 2020 registered for the offences punishable under sections 365, 302/201 of the Indian Penal Code.

As per the prosecution case, on 09.03.2020 at about 10/11 pm one unknown person called the informant's son on his mobile bearing no. 9939994951 and 9661962993. Thereafter, he went somewhere and never returned. His dead body was recovered from Dharmawati river leading to registration of FIR against unknown.

Learned counsel for the petitioner submits that the the petitioner is not named in the F I R and there is no substantive evidence to suggest the implication of this petitioner in the present case. The petitioner lived at Karnataka for his livelihood

Patna High Court CR. MISC. No.17221 of 2021(3) dt.23-08-2021 2/2 and occasionally used to come to his village. He has no concerned with the deceased Rabindra Singh and petitioner has been implicated in this case only on the basis of the call details report of his mobile phone. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 17.3.2020.

Learned counsel for the State and the informant oppose the prayer for bail and submit that on the basis of petitioner's disclosure, dead body of informant's son has been recovered from the bank of the aforesaid river.

As the recovery of dead body has been made on the disclosure made by the petitioner, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T