Rajendra Prasad Mehta @ Rajendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83675 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== Rajendra Prasad Mehta @ Rajendra Mehta Son of Babujee Mehta Resident of Village - Bhelwa, Ward No. -12, P.S. - Kishanpur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard Mr. Pramod Mishra, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. The case of the prosecution is that on 26.03.2024 the uncle of the informant namely, Mangal Mehta was missing from his house and on 30.03.2024 at about 09:00 AM, in presence of the Executive Magistrate his dead body was recovered from the agricultural field of Rajendra Prasad Mehta. The informant further alleged that the dead body was in decomposed condition.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.83675 of 2024(3) dt.18-03-2025 2/3 falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the petitioner is aged about 67 years and the only allegation against him is that the dead body was recovered from his fields. During investigation, it has come that the petitioner has got his field wired with electric wire for saving his field from cattles. It is suspected that due to electrocution from wires, the deceased has died. From perusal of the entire case diary, there is no positive evidence regarding indulgence of this petitioner in the occurrence. All the witnesses have stated that he has got his fields protected by electric wire. In the given facts and circumstances of the case, it is not a case of murder, however, it may be a case of negligence on the part of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 released on bail in connection with Kishanpur P.S. Case No. 90 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.83675 of 2024(3) dt.18-03-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Supaul.

(Ashok Kumar Pandey, J) Sudhanshu/- U T