Vinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11470 of 2023 Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna ====================================================== Vinod Rai Son Of Late Dev Prasad Ray R/O Chakiya, P.S.- Doriganj, DistrictChhapra (SARAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bihta P.S. Case No. 999 of 2022 registered under sections 147, 148, 149, 307, 120(B), 160, 379, 216 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case relates to commission of murder of the three persons, namely, Shatrudhan Rai, Lal Dev Rai and Mukesh Rai by indiscriminately firing by the accused persons including this petitioner at the instance of two rivalry groups

Patna High Court CR. MISC. No.11470 of 2023(3) dt.21-04-2023 2/3 for earning supremacy on sand mining.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that neither the petitioner was arrested on spot nor any eye witness of the alleged occurrence in this case. It is also submitted that no one has seen the petitioner at the place of occurrence. There is no consistent evidence came against the petitioner which shows that he played an active part in the alleged offence. Nothing incriminating weapon has been recovered from his conscious possession. The confessional statement of the petitioner before the police has got no evidentiary value in the eye of law. Moreover, he is languishing in judicial custody since 14.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bihta P.S. Case No. 999 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.11470 of 2023(3) dt.21-04-2023 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Danapur, Patna.

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