Patna High CourtCR. MISC./22207/2024bail granted

Tuntun Rai v. The State Of Bihar

2024-04-26Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22207 of 2024 Arising Out of PS. Case No.-60 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Tuntun Rai S/o- Shivjee Ray village- Paharpur Purwi PS - Juravanpur District-Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 304 of the Indian Penal Code.

3. As per allegation in the FIR that the informant's brother with Tuntun Rai had come to Patna to work as labour was arguing with the landlord Ashok Rai for money. In the meantime of argument Ashok Rai threw him on the electric wire and Tuntun Rai tried to save him and Tuntun Rain went to NMCH for treatment.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.22207 of 2024(3) dt.26-04-2024 2/2 submits that petitioner has got clean antecedent and he is in custody since 21.12.2023. He next submits that petitioner is not named in the FIR and specific allegation against the FIR named accused Ashok Rai who has been granted anticipatory bail by order dated 18.08.2018 passed in ABP No.4660 of 2018 by learned Additional Sessions Judge-I, Patnacity as stated in para8 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Accordingly, let the above named petitioner 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 Priyanka Kumar, Judicial Magistrate, Ist Class, Patnacity, Patna/concerned Court in connection with Nadi P.S. Case No. 60 of 2018.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T