Bhukhal Rai @ Bhukhal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31133 of 2024 Arising Out of PS. Case No.-119 Year-2020 Thana- BHELDI District- Saran ====================================================== Bhukhal Rai @ Bhukhal Ray Son of Ramayan Ray Resident of Village - Olhanpur, P.S.- Marhaurah, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bheldi P.S. Case no.119 of 2020 registered under sections 363, 364, 365 and 120B of the Indian Penal Code.

3. As per the prosecution case, the informant states that his son, who had gone to attend the marriage of the daughter of an acquaintance, did not return home. Subsequently, on information given by the co-villagers, his dead body was recovered by the side of a river. The informant states that sometime back, the seven named co-villagers including the petitioner herein had a fight with his son and he suspects the hand of these seven persons in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only on the

Patna High Court CR. MISC. No.31133 of 2024(4) dt.26-07-2024 2/2 basis of an unfounded suspicion which was not substantiated in course of investigation and the Investigating Officer submitted final form in the case which was accepted by the learned trial Court, however on a protest petition filed by the informant, cognizance has been taken. The petitioner is in custody since 10.1.2024 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the material that has transpired in course of investigation, final form having been submitted in the learned Court below, cognizance having been taken on the protest petition and the petitioner having remained in custody since 10.1.2024, the petitioner is directed to be enlarged on bail in connection with Bheldi P.S. Case no.119 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra. (Partha Sarthy, J) Shiv/- U T