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Patna High Court/67865/2022rejected

Ravindra Pandit v. The State Of Bihar

2023-04-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67865 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- HILSA District- Nalanda ====================================================== RAVINDRA PANDIT SON OF VIDESHI PANDIT R/O SEVA, NIMTAL, P.S.- GIDHOUR, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Sen Prasad, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 24.04.2022 in connection with Hilsa P.S. Case No. 276 of 2022, F.I.R. dated 20.04.2022 registered for the offence punishable under Sections 364(a), 302,201,377 and 34 of the Indian Penal Code.

This case was instituted pursuant to missing of a boy of age 14 years whose body was later on recovered in mutilated condition and the postmortem revealed that he was subjected to unnatural intercourse prior to killing.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during

Patna High Court CR. MISC. No.67865 of 2022(3) dt.29-04-2023 2/2 investigation on the basis of the confessional statement of the co-accused-Niranjan Pandit. Further submits that except the confessional statement of the co-accused, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

Learned APP for the State, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation in para-99 and 100 of the case diary that the petitioner was involved in the alleged occurrence and the manner of occurrence is stated in detail in para-99 and 100 of the case diary.

Considering the aforesaid facts and postmortem report of the victim, I am not inclined to enlarge the petitioner on bail in connection with Hilsa P.S. Case No. 276 of 2022 pending in the court of learned A.C.J.M.1st, Hilsa Nalanda. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T