Methura Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2873 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- JURAWANPUR District- Vaishali ====================================================== Mukesh Rai S/o- Late Indradeo Rai Village- Shiv Nagar Jurawanpur Barari, P.S.- Jurawanpur Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3027 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- JURAWANPUR District- Vaishali ====================================================== Methura Rai, S/O Late Bhaggu Rai, Resident of village- Shivnagar Purani, P.S.- Jurawanpur, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 2873 of 2025) For the Petitioner/s :
Mr. Ashok Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 3027 of 2025) For the Petitioner/s :
Ms. Usha Kumari Singh, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-02-2025 As both the criminal miscellaneous petitions have arisen out of same P.S. case, hence, they are being decided together by a common order.
2. Heard Mr. Ashok Kumar Mishra and Ms. Usha Kumari Singh, learned counsel for the petitioners and Mr. Harendra Prasad and Mr. Choubey Jawahar, learned APPs for
Patna High Court CR. MISC. No.2873 of 2025(2) dt.15-02-2025 2/3 the State.
3. Petitioners seek regular bail in connection with Jurawanpur P.S. Case No. 156 of 2024 dated 06.09.2024 registered for the offences punishable under sections 103(2) and 61(2) of the Bharatiya Nyaya Sanhita (in short 'BNS').
4. As per prosecution story, the informant alleged that on 05.09.2024 at 7:00 A.M., a panchayat meeting was held to resolve a land dispute running in between the informant's family and one, namely, Rajeshwar Rai, in which ten accused persons, including the petitioner, assaulted him, his father and uncle by means of lathi and ironrod, owing to which, his father succumbed to his injury.
5. Heard both the sides and perused the FIR.
6. In the facts and circumstances of this case and considering the averments made in the petitions and mainly petitioners' the pleas that as per the prosecution story, at the time of alleged occurrence, there was a panchayat meeting going on in between the deceased's family and the family members of one, namely, Rajeshwar Rai and both the petitioners have no connection to the said Rajeshwar Rai and altogether ten accused persons including the petitioners have been named in
Patna High Court CR. MISC. No.2873 of 2025(2) dt.15-02-2025 3/3 the FIR but any specific role of the petitioners in assaulting the deceased has not been revealed and in actual, a scuffle took place in between both the parties relating to disputed subject which resulted in superficial injuries to the deceased which clearly appears from the postmortem report, of which copy has been filed with the petitions and the cause of death of the deceased has been opined in the postmortem report as due to cardio respiratory failure and also coupled with petitioners' fair and clean antecedent and their custody period as well as the completion of investigation against them, this Court is inclined to grant the relief of bail to the petitioners. Accordingly, let the petitioners named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jurawanpur P.S. Case No. 156 of 2024.
(Shailendra Singh, J) annu/- U T