Upendra Rajvanshi @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.462 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== UPENDRA RAJVANSHI @ UPENDRA KUMAR S/O LATE RAM VILASH RAJVANSHI R/v- Vishunpur, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 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, 201, 34 of the Indian Penal Code.

As per allegation in the FIR, informant received a telephonic information by co-villager that her son Raushan Kumar has been killed and his dead body is thrown in a paddy filed. Accordingly, informant went there and found his son dead body lying in the field of Rajkumar Prasad Yadav. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case only on the basis of C.D.R. of his mobile. He is not named in the FIR. During investigation it came into light that deceased was having

Patna High Court CR. MISC. No.462 of 2023(3) dt.26-04-2023 2/2 love affair with one Nilam Kumari. At first glance informant has not stated about the complicity in her reinstatement which is mentioned in para-3 of the case diary but after some days she raised suspicion in para 25 of the case diary. Save and except suspicion, nothing has come during investigation to proof the complicity of the petitioner in present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.11.2022.

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 S.D.J.M. Nawada in connection with Govindpur P.S. Case No. 341 of 2022.

(Sunil Kumar Panwar, J) sushma/- U