Jokku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13726 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== JOKKU RAI S/o Late Babulal Ram Resident of Raxaul, P.S.- Raxaul, District- Motihari (East Champaran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Verma Mr. Binod Kumar Mishra For the Opposite Party/s :

Mr. Pranav Kumar For the Informant :

Mr. Deep Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Raxaul P.S. Case No. 413 of 2021, registered for the offences punishable under Section 302/34 I.P.C.

As per allegation, the petitioner along with his associates assaulted the informant's husband with lathi and bamboo, due to which he died.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He also submits that the petitioner has been languishing in jail since 26.11.2020 and he has no criminal

Patna High Court CR. MISC. No.13726 of 2022(3) dt.17-08-2022 2/2 antecedent.

However, the learned counsel for the Informant and learned APP for the State vehemently opposes the prayer for bail saying that the petitioner is one of the main assailants and the allegation is also supported by postmortem report, as per which the victim has died of shock and haemorrhage caused by hard and blunt substance. He also submits that charge-sheet has been submitted and charge has also been framed against the petitioner. Considering the aforesaid facts and circumstances, particularly the nature of allegation as well as the material on record, I am not persuaded to enlarge the petitioner on bail at this stage.

The prayer for bail is rejected.

The petition is dismissed accordingly.

However, the learned trial court is directed to expedite the trial.

(Jitendra Kumar, J) ashishkr/- U T