Rajesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15102 of 2018 Arising Out of PS.Case No. -107 Year- 2017 Thana -CHAUSA District- MADHEPURA ====================================================== Rajesh Bhagat son of Shiv Narayan Bhagat, resident of Village-Arajpur, Sonbarsa Tola, P.S. Chausa, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chausa P.S. Case No. 107 of 2017, G.R. No. 469 of 2017 for offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his brother Amit Kumar had seen the petitioner along with one Poonam Devi in illicit relationship for which he objected. Thereafter the petitioner along with all the family members and co-accused Poonam Devi had taken his brother on 22.04.2017 and thereafter the dead body of his brother was found in the maize field of one Asgar Ali on 25.04.2017.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.15102 of 2018 (2) dt.15-03-2018 2/2 petitioner that he is innocent, bears no criminal history and that allegations are vague and general. He submits that there is no eye witness to the alleged occurrence and some of the co-accused have been granted the privilege of bail along with lady with whom the petitioner is alleged to have illicit relationship has also been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 54336 of 2017 15.11.2017. He submits that chargesheet has already been submitted and the petitioner is languishing in judicial custody since 04.05.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda-Kishunganj, Madhepura in connection with Chausa P.S. Case No. 107 of 2017.

(Nilu Agrawal, J) Devendra/- U T