Patna High Court/20518/2023bail granted

Bilat Rai v. The State Of Bihar

2023-05-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20518 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== BILAT RAI SON OF LATE MASHUDHAN RAI RESIDENT OF VILLAGE - JAFARABADDIH, P.S. - RAGHOPUR (RUSHTAMPUR O.P.), DISTT. - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Raghopur (Rushtampur O.P.) P.S. Case No. 313 of 2022 registered for the offence under Section 302, 120B, 34 of the IPC and 27 of the Arms Act of the Indian Penal Code. The prosecution story in short is that on 06.11.2022 at about 3.30PM, the informant got information that his father has been murdered. When the informant reached Jafarabad Dih, he found that his father is dead sustaining fire arm injury on his head. The accused persons were assaulting the cousin brother of

Patna High Court CR. MISC. No.20518 of 2023(2) dt.22-05-2023 2/2 the informant and when the father of the informant came to intervene, the accused persons started to assault the father of the informant with Lathi, Farsa and Sword and due to which the father of the informant has sustained injury. Learned counsel for the petitioner submits that the petitioner is in custody since 29.12.2022 and the petitioner is quite innocent and he has committed no offence and the petitioner has been falsely implicated in this case. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the fact that the petitioner is not the assailant of the deceased, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Vaishali at Hajipur/concerned Court below in connection with Raghopur (Rushtampur O.P.) P.S. Case No. 313 of 2022.

(Sandeep Kumar, J) Shishir/- U T