Maheshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22991 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Maheshwar Rai Son Of Ram Chandra Rai R/O Village- Bajitpur @ Bazitpur Meyari, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 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 Section 302 of the Indian Penal Code.

It is alleged against the petitioner that he pushed the husband of the informant on the ground, who was a handicap, as a result of which, he died on the spot.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.22991 of 2023(4) dt.21-08-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The deceased fall down due to which he died and since the petitioner and the deceased were politically opponent to each other, hence, this false case has been registered against the petitioner. There is a delay of one day in lodging the F.I.R. The postmortem report also does not show any external injury on the body of the deceased and the doctor has not determined about the cause of death. The petitioner is languishing in custody since 22.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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.22991 of 2023(4) dt.21-08-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Samastipur in connection with Sarairanjan P.S. Case No. 24 of 2023.

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