Lalit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9686 of 2023 Arising Out of PS. Case No.-11 Year-2015 Thana- RAJAPAKAR District- Vaishali ====================================================== Lalit Rai S/O Late Suresh Rai R/O Village- Rajapakar Chauri, P.S- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the petitioner along with other co-accused persons is that they committed murder of the informant's father by firearm.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive of the informant and pattidari grudge. It is further submitted that one co-accused Sunny Kumar had previous enmity with the deceased along with the informant's family since long time and

Patna High Court CR. MISC. No.9686 of 2023(8) dt.04-12-2023 2/2 only because this petitioner is cousin of co-accused Sunny Kumar due to which he has been dragged in this case. There is no any direct or consistent evidence has come against the petitioner. No any specific overt act of firing against him. Moreover, he is languishing in judicial custody since 26.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner is named in FIR and postmortem report corroborates with respect to gun shot injury sustained by the deceased.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajapakar P.S. Case No. 11 of 2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Shubham/- U T