Raja Kumar @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62146 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== LAV KUMAR S/O ARUN YADAV R/O VILLAGE- BILAURI, PS. AND DIST. LAKHISARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69554 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== RAJA KUMAR @ RAJESH KUMAR SON OF KARAN YADAV VILLAGE- BILAURI, PS- LAKHISARAI, DIST- LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 62146 of 2023) For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai (In CRIMINAL MISCELLANEOUS No. 69554 of 2023) For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No.265 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code. 3.

The allegation against the petitioner is to

Patna High Court CR. MISC. No.62146 of 2023(6) dt.20-02-2024 2/3 have committed murder of the son of the informant. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case and name of the petitioner surfaced on the basis of suspicion as stated through statement of witness. It is submitted that the allegation against the petitioner is general and omnibus in nature. It is also submitted that there is land dispute between the parties. It is also submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence. It is further submitted that the petitioner is in custody since 17.04.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Lakhisarai P.S. Case No.265 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. 7.

The trial court is directed to conclude the

Patna High Court CR. MISC. No.62146 of 2023(6) dt.20-02-2024 3/3 proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T