Rahul Kumar @ Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29757 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

RAHUL KUMAR @ RAHUL RAI Son of Ramshankar Rai Resident of Village- Tulsipur,P.S.- Mufassil, Distt- Begusarai. 2.

Manish Kumar Son of Baukhma Rai Resident of Village- Tulsipur,P.S.- Mufassil, Distt- Begusarai.

3.

Brajesh Kumar Son of Balmoko Rai @ Parmanand Rai Resident of VillageTulsipur,P.S.- Mufassil, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case for the offence registered under Section 302/34 of the Indian Penal Code. Prosecution case in short, is that in course of returning after appearing in examination, in the way, the accused persons surrounded the brother of the informant and assaulted him

Patna High Court CR. MISC. No.29757 of 2020(2) dt.10-11-2020 2/2 indiscriminately as a result of which, he sustained grievous injury and in course of treatment he died.

It has been submitted on behalf of the petitioners that the petitioner No. 3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge sheet/Prosecution report in this case has already been submitted. The petitioners are in custody since 25-06-2020. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. There is no specific allegation against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nima Chandpura P.S. Case No. 08 of 2020.

(Sudhir Singh, J) A.K.V.//- U T