Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14656 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== RAVI KUMAR @ RAVI RAI @ RAVI YADAV S/O VIJAY RAI R/O VILLAGE- BHISA, WARD NO. 35, P.S- DUMRA, DISTT.- SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18235 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== VIJAY RAI Son of Puhup Lal Rai @ Kuhuk Lal Rai Resident of VillageBhisa, Ward No. 35, P.S.-Dumra, District-Sitamarhi. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14656 of 2024) For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr.Pushpendra Kumar Singh, Adv.

Mrs. Divya Bharti, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha (In CRIMINAL MISCELLANEOUS No. 18235 of 2024) For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Dumra P.S. Case No. 457 of 2023 dated 21.09.2023 registered for the offences

Patna High Court CR. MISC. No.14656 of 2024(3) dt.29-04-2024 2/3 punishable u/s 302 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's minor son and kept the dead body in the Saloon of Devanand Thakur.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is no eyewitness to the alleged occurrence. There is nothing against the petitioners except hearsay. There is general and omnibus allegation against the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner, namely Ravi Kumar is in custody since 25.09.2023 and the petitioner, namely, Vijay Rai is in custody since 02.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.14656 of 2024(3) dt.29-04-2024 3/3 learned Court concerned, Sitamarhi in connection with Dumra P.S. Case No. 457 of 2023, with the condition/s:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T