Harvanshu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17402 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== Harvanshu Rai S/O- Jangbahadur Rai Village- Jafrabad Dih Ps- Raghopur (Rustampur) Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the father of the informant by all the F.I.R named accused persons including the petitioner. It is specifically alleged against co-accused Mukesh Rai that he shot fire from his

Patna High Court CR. MISC. No.17402 of 2023(3) dt.16-05-2023 2/3 pistol upon the father of the informant on his head due to which, he died instantly on the spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The informant is not the eye witness to the occurrence. There is specific accusation against co-accused Mukesh Rai that he shot dead the deceased. The postmortem report also suggests that there is only one entry wound on the head of the deceased. The petitioner is languishing in custody since 08.11.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.17402 of 2023(3) dt.16-05-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 313 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T