Laxman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14547 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Laxman Rai Son Of Gulab Rai Resident Of Village - Jafrabad Tok, P.S.- Raghopur (Rustampur O.P.), District - Vaishali. ... ... Petitioner/s

Versus

The State ofBihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Atul Chandra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The prosecution seeks bail in connection with a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

Allegation is of killing the informant's husband, namely, Vijay Rai (deceased) by the four unknown persons including the co-accused Sunil Rai and the petitioner.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case only on the basis of suspicion. Further, he states that there is no eye-witness of the occurrence and during the course of investigation, there is no material evidence was collected.

Patna High Court CR. MISC. No.14547 of 2022(2) dt.17-08-2022 2/2 Further, it is submitted that the postmortem report suggests that it was due to asphyxia and his head and mouth was badly injured. It is further submitted that the occurrence took place on 27.09.2021 and the F.I.R was lodged on 28.09.2021 and the distance of police station from the place of occurrence is about 09 Kms. It is further submitted that the petitioner himself surrendered before the Lower Court on 18.10.2021, just after two weeks of the alleged occurrence. The petitioner is in custody since 18.10.2021, is a person with clean antecedent and charge-sheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Cass, Vaishali in connection with Raghopur P.S. Case No. 213 of 2021.

(Khatim Reza, J) shanu/- U T