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Patna High CourtCR. MISC./17860/2025bail granted

Satyendra Rai v. The State Of Bihar

2025-05-02Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17860 of 2025 Arising Out of PS. Case No.-226 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== SATYENDRA RAI S/O Jaynandan Rai @ Jainandan Roy R/O VillageTersiya (Terahrasia), P.S- Ganga Bridge, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Ms. Sudha, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

For the Informant :

Md. Ejaz Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Ganga Bridge P. S. Case No. 226/2023 in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that on 11.10.2023, informant and his father proceed for Pethiya Chowk and when they reached near Bind Tola, all the F.I.R. named accused persons, who are their villagers, armed with deadly weapons, surrounded father of informant due to which he fell down and thereafter, this petitioner along with co-accused Kishundeo Rai assaulted the father of informant with hasua and co-accused

Patna High Court CR. MISC. No.17860 of 2025(2) dt.02-05-2025 2/3 Chintu Rai assaulted with knife on his head which resulted in his death.

4. Learned counsel for the petitioner submits that informant is not an eye witness of the occurrence even though he claims to be the eye witness. No occurrence, as alleged in the F.I.R., has ever take place and petitioner has falsely been implicated in this case with ulterior motive. As per F.I.R., all the named accused persons, assaulted with hasua and knife repeatedly but as per post-mortem report, deceased sustained only two deep incised wounds on the person of deceased which itself falsifies the prosecution case. It is further submitted that similarly situated co-accused, namely, Chintu Kumar @ Chintu Rai has already been granted bail by this Hon'ble Court vide order dated 14.02.2025 passed in Cr. Misc. No. 77825 of 2024. Petitioner is in custody since 27.04.2024.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.17860 of 2025(2) dt.02-05-2025 3/3 like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P. S. Case No. 226 of 2024.

(Prabhat Kumar Singh, J) Navya/- U T