Raju Rai @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14674 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAJU RAI @ RAJ KUMAR YADAV SON OF LATE RUDAL RAI RESIDENT OF VILLAGE - SHEKHPUR, P.S. - AHIYAPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 1260 of 2023 instituted for the offences under Sections 302 and 120B of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the accused persons including this petitioner killed the informant's brother-in-law by slitting his throat after hatching conspiracy.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is specific allegation attributed to the petitioner and petitioner's name features in the later part of the FIR. It is submitted that the

Patna High Court CR. MISC. No.14674 of 2024(2) dt.11-03-2024 2/2 specific allegation of assault is against co-accused, namely, Ravi Kumar. Charge-sheet has been submitted in this case. Similarly situated co-accused persons have already been granted bail by this Court vide orders dated 05.03.2024 passed in Cr. Misc. No. 13583 of 2024 and Cr. Misc. No. 13600 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.10.2023 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 1260 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T