Rajendra Baitha @ Rajendra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60710 of 2022 Arising Out of PS. Case No.-330 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Rajendra Baitha @ Rajendra Rajak Son Of Machhu Bhaita @ Machhu Rajak R/O Hidayatpur, P.S- Goraul, Dist- Vaishali Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Goraul P.S. Case No. 330 of 2021 registered under Sections 302 and 34 of the Indian Penal Code.

The prosecution case as per F.I.R. is that the petitioner along with other co-accused persons came at the house of the informant and took away the husband of the informant with them. When the husband of the informant did not return home, she went along with her nephew in search of her husband where she found four to five persons near the bush running away after seeing the informant. On search of the bush, the dead body of the husband of the informant was

Patna High Court CR. MISC. No.60710 of 2022(2) dt.08-02-2023 2/3 recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to village politics. It is further submitted that there is no eye-witness to the occurrence and during investigation, no substantial evidence has been collected against the petitioner to connect the petitioner with the alleged occurrence. There is general and omnibus allegation against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 02.02.2023 in Cr. Misc. No. 52329 of 2022. The petitioner is languishing in judicial custody since 06.06.2022. The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Goraul P.S. Case No. 330 of 2021 on

Patna High Court CR. MISC. No.60710 of 2022(2) dt.08-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T