Munna Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27231 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- LAUKARIA District- West Champaran ====================================================== Munna Rai S/o Hari Rai @ Hari R/o Village- Sohagi Barwa, P.S.- Sohagi Barawa, District- Maharjganj, (Uttar Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered under Sections 281, 125(a), 125(b) of the Bharatiya Nyaya Sanhita and Section 37 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 13.02.2025 at about 7:30 P.M., when the father-in-law of the informant was going to the Highway road, he was hit by the motorcycle driven by this petitioner due to which, he became seriously injured. Petitioner was caught by co-villagers and he was handed over to the police and it was found that he had consumed the liquor. It is alleged that during course of treatment, the father-in-law of the informant died.
Patna High Court CR. MISC. No.27231 of 2025(4) dt.03-09-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that on the date of occurrence, petitioner was going on his motorcycle in the right side but suddenly deceased came before his motorcycle and after this, petitioner tried to save the deceased, but the incident took place in which petitioner also fell down. It was the deceased who was responsible for the said incident. Petitioner had not consumed the alcohol as alleged. The charge-sheet has already been submitted in this case. Petitioner has no criminal antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 14.02.2025 and he undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagaha, West Champaran in connection with Laukariya P.S. Case No.21 of 2025, subject to the following
Patna High Court CR. MISC. No.27231 of 2025(4) dt.03-09-2025 3/3 condition:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.
(Sunil Dutta Mishra, J) utkarsh/- U T