Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6420 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== AJAY RAI S/O JAILAL RAI R/v- Dharampur,P.S.- Bidupur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. Murlidhar, APP For the Informant Mr. Dilip Kumar Roy, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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, co-accused Vikash Kumar, Dharmnath, Devendra Rai and Sanjay Rai were forcing the informant's husband for driving the vehicle. On denial they have given many times life threatening to the informant's husband (deceased). On 8.7.2022 at 6 P.M., co-accused Vikash Kumar and Dharmnath Kumar took him forcibly to drive the vehicle. After three hours, a telephonic information was given to informant's family that informant's husband met with an accident. Several family members including the informant rushed there and found that the dead body was lying in pool of blood. Informant has strong suspicion that petitioner and other accused persons have

Patna High Court CR. MISC. No.6420 of 2023(3) dt.11-07-2023 2/2 their hands in murder of the informant's husband. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is driver of Hyva Truck bearing Registration No. BR-31GA9580 from which the accident happened. During investigation, no consistent evidence has come against the petitioner to show his complicity in the alleged occurrence. Save and except suspicion, nothing is against him. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 28.09.2022. 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 CJM, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 166 of 2022.

(Sunil Kumar Panwar, J) sushma/- U