← Library
Patna High CourtCR. MISC./89907/2024bail rejected

Ajay Kumar Roy @ Ajay Kumar @ Raja v. The State Of Bihar

2025-01-28Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89907 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- MANSI District- Khagaria ====================================================== AJAY KUMAR ROY @ AJAY KUMAR @ RAJA Son of RAMBAHADUR RAY RESIDENT OF VILLAGE WARD NO 14, CHOCHAHI BHARPURA PS BIBHUTIPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 156 of 2024, dated 18.06.2024, disclosing offences punishable under Sections 302/201 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 16.06.2024 at about 4 PM, the petitioner came at the house of the informant along with some unknown persons on a Scorpio vehicle and took his son on the pretext of attending a baraat, but the son of the informant did not return in the night. On the following day, the dead body of the son of the informant was found hanging on a

Patna High Court CR. MISC. No.89907 of 2024(2) dt.28-01-2025 2/3 tree in Mansi (Khagaria).

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. He further submits that the petitioner is the own relative of the informant and the deceased was anti-social element. He further submits that on 16.06.2024, the mobile tower location of the deceased was not of Samastipur; rather, the same was of Khagaria, which goes to show that on 16.06.2024, the deceased was not present in his house at Samastipur.

5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the petitioner was last seen with the deceased and in close proximity of time, the dead body of the deceased was found hanging on a tree in Khagaria (Mansi).

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the gravity of the offence and the severity of the punishment and the fact that the petitioner was last seen with the deceased and in close proximity of time, dead body of the deceased was recovered hanging from a tree, I am not inclined to grant

Patna High Court CR. MISC. No.89907 of 2024(2) dt.28-01-2025 3/3 the petitioner privilege of anticipatory bail.

7. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √