Rajdeo Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70096 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- FATUA District- Patna ====================================================== RAJDEO PANDIT son of Late Jageshwar Pandit Village- Ranipur @ Bari Ranipur Ps- Fatuha Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, husband of the informant (since deceased) was owner of truck to which petitioner used to drive. It is further alleged that petitioner fled away with his truck and using his ATM Card, he withdrew Rs. 30,000/- from his account. When the informant's husband demanded his truck back, then petitioner stabbed him resulting into his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. As per

Patna High Court CR. MISC. No.70096 of 2023(3) dt.30-01-2024 2/2 postmortem report is not in consonance with the prosecution case as allegedly petitioner has caused stabbed death to the deceased but as per postmortem report death was caused by hard and blunt object. No one is the eye witness of the alleged occurrence. Save and except suspicion, nothing has come against the petitioner. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 7.3.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City in connection with Fatuha P.S. Case No. 68 of 2023. (Sunil Kumar Panwar, J) sushma/- U