Rajesh Kumar Barnawal @ Raju Barnawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26506 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- JIRADEI District- Siwan ====================================================== Rajesh Kumar Barnawal @ Raju Barnawal aged about 40 years, male , Son of Vijay Barnawal resident of Village - Badheya, Police Station - Jiradei, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Kant For the Opposite Party/s :

Mr. Abhay Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2020 Heard Mr. Chandrakant, learned counsel for the petitioner and Mr. Abhay Kumar No. 1, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Jiradei P.S. Case No. 55 of 2019 registered for the offence under Section 328 / 302 / 34 of the I.P.C.

The allegation as per the First Information Report is that the informant received call from his daughter that her husband i.e. son- in- law of the informant had been taken to the roof by the petitioner and other accused persons and they had given to the son- in- law of the informant some item to eat as a result of which he died.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.26506 of 2020(3) dt.02-12-2020 2/3 petitioner has falsely been implicated in this case and he happens to be the own brother of the deceased. Learned counsel further submits that just one day prior to the present occurrence the co-accused i.e. father of the deceased and petitioner had lodged an F.I.R. bearing Jiradei P.S. Case No. 54 of 2019 dated 13.06.2019 against his two sons including the deceased, daughter-in-law and Samadhi stating therein that the deceased and his another son are drunkard and they were sent to jail earlier also on complaint made by the father of the petitioner. Learned counsel further submits that the petitioner along with his father, mother and younger brother have been made accused in this case and the mother of the petitioner has been granted anticipatory bail by this court in Cr.

Misc. No. 16196 of 2020 and the petitioner is in custody since 10th February, 2020. Having regard to the submissions made by the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Siwan / court concerned in connection with Jiradei P.S.

Patna High Court CR. MISC. No.26506 of 2020(3) dt.02-12-2020 3/3 No. 55 of 2019 .

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T