Rakesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60627 of 2022 Arising Out of PS. Case No.-86 Year-2020 Thana- BARUN District- Aurangabad ====================================================== RAKESH PANDEY S/o Anurag Pandey R/o Village- Paharpur, P.S.- Barun, Distt- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. In this case, the petitioner is seeking regular bail in connection with Barun P.S. Case No. 86 of 2020, registered for the offences punishable under Sections 302/201 of the Indian Penal Code.

The informant, who is father of the deceased Deepak Kumar found his dead body hanging with a peepal tree. He has alleged that at about 9 P.M. someone has called his son on mobile. Thereafter, he went there and never returned. His son has a partnership business with co-accused Sanjay Yadav and some hot discussion had taken place between Sanjay Yadav and the deceased for transaction of money.

Learned counsel for the petitioner has submitted that he

Patna High Court CR. MISC. No.60627 of 2022(3) dt.24-03-2023 2/2 is innocent. He is not named in the FIR. Whereas, Sanjay Yadav was at inimical terms with the deceased.

On the other hand, the learned APP, Shri Shailendra Kumar as well as the learned counsel for the informant has submitted that during the course of investigation the call detail report of the mobile number of the deceased was detected by the investigating authority and it came during investigation that it was the mobile number of the petitioner wherefrom the deceased has received telephonic message as alleged in the FIR. They have submitted further that it was the petitioner who called the deceased on his mobile phone.

The case was found true against the petitioner and charge sheet has been submitted against him. In my view, it is not a fit case for bail. Accordingly, it is rejected. The learned court below is directed to dispose of the matter expeditiously.

(Nawneet Kumar Pandey, J) SONALI/- U T