Patna High CourtCR. MISC./69197/2024bail rejected

Rajeev Sada @ Budheshwar Sada v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69197 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Rajeev Sada @ Budheshwar Sada Son of Darogi Sada Resident of Village - Murali, P.S. - Beldaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Beldaur P.S. Case No.114 of 2023 lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation that he along with his son has killed the informant's son by pistol due to which he died on spot.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both accused persons are father and his son in this case. He further submits that the dispute has arisen between both the

Patna High Court CR. MISC. No.69197 of 2024(2) dt.03-10-2024 2/2 parties due to scuffling took place between their child, who are adjacent neighbour.

5. Learned Counsel further submits that petitioner is in custody since 01.05.2024 having clean antecedent.

6. Learned Counsel also submits that the petitioner has been made accused only due to the reason that he is a father of another co-accused person.

7. Learned Counsel for the State opposes the prayer for bail and submits that there is direct allegation of assault and murder against the petitioner and his son.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail 3 (three) months after framing of charge.

(Dr. Anshuman, J.) Prakashmani/- U T