Sidhi Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16581 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Sidhi Rai Son Of Rajendra Rai Resident Of Village- Madha, Ps- Raghopur, (Rustampur Op), Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Raghopur (Rustampur O.P.) P.S. case No. 102 of 2023 instituted for the offences under Sections 304/34 of the Indian Penal Code and charge-sheet submitted under Section 302 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner and his son have deliberately put live wire to protect their field. It is alleged that the son of the informant died on touching that electric wire.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.16581 of 2024(2) dt.13-03-2024 2/2 Learned counsel further submitted that petitioner has got no concern with the maize field in which the electric wire was fenced. Similarly situated co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 10.01.2024 passed in Cr. Misc. No. 76051 of 2021 It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2023 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 Raghopur (Rustampur O.P.) P.S. case No. 102 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T