Patna High CourtCR. MISC./66471/2022bail rejected

Mithun Dharhi v. The State Of Bihar

2023-05-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66471 of 2022 Arising Out of PS. Case No.-9 Year-2021 Thana- SARE District- Nalanda ====================================================== Mithun Dharhi S/O Late Ram Chandra Dharhi, Resident of village- Onda, P.S.- Sare, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sare P.S.Case No.09/2021, registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner and other accused persons named in the FIR accompanied the son of the informant to attend a dance party, since then the son of the informant went missing and later on the dead-body of the son of the informant was recovered.

4. The learned counsel appearing on behalf of the petitioner submits that the petitioner was not present at the place of occurrence and the dead-body was recovered from a well. At

Patna High Court CR. MISC. No.66471 of 2022(3) dt.19-05-2023 2/2 the relevant point of time, the petitioner was at his village and he deserves to be released on pre-arrest bail. 5.Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the allegations made in the FIR as well as the fact that the petitioner was last seen with the deceased, I am not inclined to enlarge the petitioner on pre-arrest bail, however, the petitioner may file regular bail application before the learned court below and the same is directed to be considered on the same day.

7. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U