Birendra Rai @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14308 of 2025 Arising Out of PS. Case No.-250 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Birendra Rai @ Birendra Kumar S/O Ajay Rai Village- Gopalpur, P.S.- Naubatpur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Naubatpur P.S. Case No.250 of 2023 registered under Sections 147, 149, 323, 302, 504 and 506 of the I.P.C.
3. As per prosecution case, on the alleged date of occurrence, the F.I.R. named accused persons including petitioner came and started disturbing the centering bamboo of the house of the informant causing collapse of entire centering. When the same was informed to the Sarpanch, the accused persons assaulted the mother of the informant with iron rod on account of which she died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.14308 of 2025(2) dt.19-03-2025 2/3 case due to dirty village politics. Both parties are agnates and there is a land dispute between them since long. There is a counter case being Naubatpur P.S. Case No.251 of 2023 which was lodged on the alleged date of occurrence against the informant side. He further submits that due to sudden collapse of house centering erected for roof, the mother of the informant sustained head injury. Petitioner has no criminal antecedent. He is in custody since 28.10.2024. Out of seven named accused persons, one co-accused, namely, Manju Devi has been granted bail by the court below and five similarly situated co-accused persons, namely, Om Prakash Rai, Manish Kumar, Bajrangi Rai, Ajay Rai and Jitendra Ray @ Jitendra Kumar have been granted bail either by this Court or coordinate bench of this Court vide orders dated 18.01.2024, 22.02.2024, 14.03.2024 and 21.06.2024 passed in Cr.Misc. No.83557 of 2023, Cr.Misc.No.10813 of 2024, Cr.Misc.No.17249 of 2024 and Cr.Misc.No.37688 of 2024.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.14308 of 2025(2) dt.19-03-2025 3/3 Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VI, Danapur, Patna in connection with Naubatpur P.S. Case No.250 of 2023. (Sunil Dutta Mishra, J) Harish/- U T