Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19897 of 2024 Arising Out of PS. Case No.-534 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== SANTOSH RAI S/O YUGESHWAR RAI R/O VILLAGE- BHAURGADH, P.O- BUDHNAGRA DEORHI, P.S- NANPUR (BOKHRA), DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arinjay Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Nanpur P.S. Case No.534 of 2023 registered for the offence under Sections 302, 201 and 120B of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of son of the informant along with other coaccused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is no eye-witness to the present occurrence. It is also submitted that the son of the informant was in love affairs with the daughter of

Patna High Court CR. MISC. No.19897 of 2024(3) dt.25-04-2024 2/2 the other co-accused person, where, the petitioner has no concern with him. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 26.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as allegation against this petitioner is to have seen accompanied with the deceased while going to Mela and the informant also seen his son with the several boys in Mela and as it appears from perusal of case diary that no eye-witness and circumstantial witness is there in the present occurrence and it also appears from perusal of postmortem report that cause of death is due to asphyxia leading to CR failure as a result of hanging produced by the rope like object, let the petitioner, above named, is directed to be released on bail in connection with Nanpur P.S. Case No.534 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Ramesh Chand Malviya, J) S.Katyayan/- U T