Rajeev Kumar @ Rajeev Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67780 of 2022 Arising Out of PS. Case No.-300 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJEEV KUMAR @ RAJEEV MALI Son of Late Jitendra Bhagat @ Late Jitendra Prasad Saini Resident of Village - Dighi Kala East, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 364, 201, 420, 406, 120(B) of the Indian Penal Code.

As per allegation in the FIR, co-accused Abinash Singh took Rs. Sixty lakh from informant's father and his villager Raj Kumar Singh in the pretext of providing job in Railway but he has neither provided him job nor returned his money. Co-accused Abinash Singh called them to go to the house of petitioner where he will be paid money thereupon they went there but did not return. On search, dead body of Raj Kumar Singh was found near pokhar and dead body of informant's father could not be found.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.67780 of 2022(4) dt.11-05-2023 2/3 that petitioner has been falsely implicated in this case due to village politics because he is ward commissioner. No one is the eye witness of the alleged occurrence. As some blood stained furniture and clothes were found from the open part of the house of the petitioner, his name has been dragged in the present case on the basis of suspicion. Save and except recovery of some article, no consistent material has come against the petitioner to show his involvement in the present case. As per FIR, 19 named and 10-15 unknown persons are involved in the alleged occurrence and specific allegation is levelled against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 9.4.2021 passed in Cr. Misc. No. 35442 of 2020. He is languishing in judicial custody 10.3.2022. The application for bail is opposed by learned APP for the State.

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 Judicial

Patna High Court CR. MISC. No.67780 of 2022(4) dt.11-05-2023 3/3 Magistrate 1st Class, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) sushma/- U