Rakesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67789 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- BELA District- Sitamarhi ====================================================== RAKESH PATEL Son of Rambabu Raut Resident of Village - Chandi Rajwara, P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, the accused persons took away his son, namely, Parwez Alam from his house and did not return. On very next day, his dead body was found in wheat field.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. His name has been transpired in this case on the basis of confessional statement of co-accused Anisha Khatoon, which has no evidentiary value in

Patna High Court CR. MISC. No.67789 of 2023(2) dt.31-10-2023 2/2 the eye of law. No one is the eye witness of the alleged occurrence. There is no specific allegation agaisnt the petitioner and the allegation alleged against him is general and omnibus. The other co-accused Mrs. Anisha Khatun @ Anisha Khatoon has already been enlarged on bail by this Bench vide order dated 31.08.2023 passed in Cr. Misc. No. 55713 of 2023. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 3.3.2023.

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 SDJM, Sadar, Sitamarhi in connection with Bela P.S. Case No. 48 of 2023.

(Sunil Kumar Panwar, J) lata/- U T