Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28623 of 2022 Arising Out of PS. Case No.-242 Year-2021 Thana- PIPRA District- East Champaran ====================================================== MAHESH RAI Son of Basu Rai Resident of Village - Maharani, P.s.- Pipra, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code read.

Learned counsel for the petitioner submits that petitioner is in custody since 22.09.2021 and is a person with clean antecedent and the informant (Sheela Devi) alleges that on 10.09.2021 at about 09:00 AM she received an information that three named accused persons, including the petitioner, committed murder of her husband and threw his dead body in a field, accordingly the informant along with her family members reached the place of occurrence

Patna High Court CR. MISC. No.28623 of 2022(3) dt.18-01-2023 2/3 and found the dead body of the deceased, it is further alleged that the alleged occurrence took place on account of dispute relating to wages as the deceased was asking for his due wages from the named accused persons, including the petitioner.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant is not an eye-witness to the occurrence and the allegations are general and omnibus in nature, it is also submitted that even the FIR does not disclose as to who informed the informant about the occurrence which further creates doubt with regard to the veracity of the allegations as alleged in the FIR. It is also submitted that similarly situated co-accused Ramdeo Ram has been granted regular bail by a learned Co-ordinate Bench by order dated 20.07.2022 in Cr. Misc. No. 6328 of 2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submission made by the learned counsel for the petitioner, the petitioner above named be

Patna High Court CR. MISC. No.28623 of 2022(3) dt.18-01-2023 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 242 of 2021.

(Satyavrat Verma, J) Shivam/- U T