Pintoo Rai @ Pintu Kumar Rai @ Pintu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18621 of 2025 Arising Out of PS. Case No.-502 Year-2021 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== PINTOO RAI @ PINTU KUMAR RAI @ PINTU RAI Son of Shio Jee Rai Resident of Village - Rajapur Navrang Ray Ke Dera, P.S.- Simri, District - Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Upendra Kumar Yadav Son of Late Shambhu Pd. Yadav Resident of Village - Gangauli, P.S.- Simri, District - Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Shankar Pathak, Advocate For the State :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 147, 148 and 302 of the Indian Penal Code.
3. As per prosecution case, on 16.08.2016 at 4 PM, an altercation took place between co-villager Maya Devi and brother of complainant and due to which, all the accused persons named in the F.I.R., including this petitioner, took away brother of complainant to Koilwar bandh and murdered him and thereafter, threw his body in water to conceal the dead-body.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18621 of 2025(3) dt.08-07-2025 2/3 petitioner is quite innocent and has committed no offence. Informant is not eye-witness to the occurrence and only suspicion has been raised against the petitioner. During course of investigation, one dead-body was recovered, which was sent for F.S.L. examination, but D.N.A. report does not show that the dead-body is of Rajnath Yadav (brother of complainant). It is further submitted that similarly situated co-accused persons have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 18.03.2025 passed in Cr. Misc. No. 11393 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd, Buxar in
Patna High Court CR. MISC. No.18621 of 2025(3) dt.08-07-2025 3/3 connection with Complaint Case No. 502(c) of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T