Manjai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23940 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== MANJAI RAI Son of Late Shaho Rai @ Saho Ray Resident of Village - Chamtha, Laxman Tole, Ward no. 14, P.S.- Bachhwara, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the informant :

Mr. Awadhesh Kumar, Advocate For the State :

Mr. Suresh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2021 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner, Mr. Awadhesh Kumar, learned counsel for the informant and Mr. Suresh Prasad Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 209 of 2019 registered for the offences punishable under Sections 147, 148, 149, 302, 307, 504, 506 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The allegation as per the First Information Report is that the petitioner along with other co-accused persons resorted to indiscriminate firing, due to which, three persons died and two persons received bullet injuries.

Patna High Court CR. MISC. No.23940 of 2020(6) dt.15-01-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute and there is no specific allegation against the petitioner. Learned counsel further submits that the allegation against the petitioner is general and omnibus in nature. Learned counsel also submits that the son of the deceased Shila Devi, who died in the alleged firing made by the petitioner and others, has lodged another First Information Report bearing Bachhwara P.S. Case No. 210 of 2019 against the informant alleging therein that he has fired upon his mother, on account of which, she died. Learned counsel next submits that there is specific allegation of firing upon the deceased against the informant.

On the other hand, learned counsel for the informant as well as the State vehemently opposed the prayer for bail and submits that due to firing made by the petitioner, three persons have died and two persons got injured. Learned counsels further submits that the bail application of similarly situated co-accused Heera Rai @ Heera @ Hira Rai has been rejected by a coordinate Bench of this Court in Cr. Misc. 19617 of 2020 and, thus, the petitioner does not deserve bail.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact

Patna High Court CR. MISC. No.23940 of 2020(6) dt.15-01-2021 3/3 that prayer for regular bail of similarly situated co-accused person has been rejected by a co-ordinate Bench of this Court, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

It is expected that the lower court will try to conclude the trial as early as possible.

(Anil Kumar Sinha, J) S.Ali/- U T