Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17497 of 2021 Arising Out of PS. Case No.-496 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SUBHASH RAI, SON OF NAGESHWAR RAI, R/O VILLAGEFATEHABAD, P.S.- PAROO, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Manish Kumar No 13, Rohit Kumar, Advocates For the Opposite Party/s :

Ms. Indu Kumari, APP For the Informant :

M/s Udit Narain Singh Gajender Kumar Singh, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 147, 148, 149 and 323 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that as a result of fight and consequent assault by the seven named accused persons including the petitioner herein, the son of the informant was injured and on being taken to the hospital he died in course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The petitioner is

Patna High Court CR. MISC. No.17497 of 2021(4) dt.05-10-2021 2/2 in custody since 4.12.2019 and has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but he took active part in the assault leading to death of the informant's son.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations in the FIR together with the period in custody, the petitioner is directed to be enlarged on bail in connection with Paroo P.S. Case no. 496 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T