Murari Rai @ Krishna Murari Rai @ Krishan Murari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18145 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== Murari Rai @ Krishna Murari Rai @ Krishan Murari Singh Son Of Late Chinta Rai Resident Of Village- Brahamchari Pokhara, Ps- Maner, DisttPatna, A/P Anand Bazar, Ps- Shahpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. It is a case of commission of murder of the informant's brother namely, Arun Kumar Singh by the accused persons. On 7.6.2023, while the informant and his brother (deceased) were riding on motorcycle, some accused persons surround his brother and accused Ram Babu Rai snatched key of motorcycle and started to assault him. Accused Dahanajay Rai shot a bullet upon him. Further allegation is that petitioner and
Patna High Court CR. MISC. No.18145 of 2024(3) dt.26-04-2024 2/3 others pushed his motorcycle and snatched Rs. Three lacs from the informant and thereafter they fled away from the place of occurrence. During treatment, informant's brother died.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. He has no concern with the alleged occurrence. General and omnibus allegation against the petitioner and no any specific overt act has been attributed to him. The specific allegation of opening fire upon the informant's brother is against co-accused Dhananjay Rai due to which he died. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 7901 of 2024. Petitioner is languishing in judicial custody since 29.10.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.18145 of 2024(3) dt.26-04-2024 3/3 only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur (Patna) in connection with Maner P.S. Case No.435 of 2023. (Sunil Kumar Panwar, J) sushma/- U