Patna High CourtCR. MISC./84433/2023bail granted

Lala Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84433 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Lala Kumar Son Of Sukhdeo Rajbanshi R/O Village- Bishthapit, Nagdih-1, P.S.- Rajgir, Dit.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajgir P.S. case No. 197 of 2023 instituted for the offences under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the husband of the informant left the house with the passengers to Rajgir. In the evening, his mobile got switched off and the next morning chowkidaar informed that her husband was killed and his dead body was thrown behind the mountain.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.84433 of 2023(3) dt.15-03-2024 2/2 of the petitioner has transpired on the basis of confessional statement of co-accused Indal Rajbanshi and Feku Rajbanshi. There is no eye witness in the present case. The petitioner is in custody since 17.04.2023 and has no criminal antecedent. Coaccused has been granted bail by this Court vide order dated 12.02.2024 passed in Cr. Misc. No. 6274 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajgir P.S. case No. 197 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T