Rudal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13271 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== RUDAL RAI Son of Late Bijli Rai R/O Village - Raghopur East, P.S.- Jurawanpur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, six miscreants entered into the house of the informant at night and pointing the weapon on informant's son, forcibly took away him from the house. On next day his dead body was found hanging in bamboo clump.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. It is a case of last seen. During investigation, no consistent

Patna High Court CR. MISC. No.13271 of 2023(4) dt.01-08-2023 2/2 material has come against the petitioner to show his involvement in the present case. In fact, 10-15 days prior to the occurrence, there was quarrel between both sides for which wife the present petitioner had lodged Jurawanpur PS Case No. 70 of 2022 against the informant. Petitioner is languishing in judicial custody since 13.6.2022.

5. Learned APP appearing for the State has opposed the prayer of Bail and submitted that petitioner has six criminal antecedents. As per postmortem, doctor opined cause of death is asphyxia following strangulation.

6. 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 Judicial magistrate 1st Class, Vaishali Hajipur in connection with Jurawanpur P.S. Case No. 77 of 2022.

(Sunil Kumar Panwar, J) sushma/- U