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Patna High CourtCR. MISC./30406/2025allowed

Nunu Rai v. The State Of Bihar

2025-05-20Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30406 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nunu Rai, S/O Late Vidhya Rai @ Bidhya Rai, Resident of VillageBariyarpur, P.S.- Majorganj, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.

2. The petitioner has prayed for bail in connection with Majorganj P.S. Case No. 231 of 2024 registered for the offence punishable under Sections 103(1), 61(2) and 3(5) of the BNS.

3. The case of the prosecution is that two years ago Akali Devi executed a sale-deed in favour of the wife of the informant. It is further alleged that the petitioner and others have assaulted the wife of the informant one month ago. It is further alleged that on 21.07.2024 caught the informant, started assaulting him. When Akali Devi came to rescue, all the accused persons assaulted with lathi-danda and she died due to above assault.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The nature of

Patna High Court CR. MISC. No.30406 of 2025(2) dt.20-05-2025 2/2 allegation is general and omnibus. It has also been submitted by learned counsel for the petitioner that Annexure-P/2 which is order of trial court will go show that three accused persons have been granted anticipatory bail by the trial court itself. The trial court has held that the informant and the petitioners are agnate. They are having land dispute and in diary, it is clear that due to land dispute they have been implicated. The case of this petitioner stands on similar footing. Petitioner is languishing in judicial custody since 23.07.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Sitamarhi in connection with Majorganj P.S. Case No. 231 of 2024.

(Ashok Kumar Pandey, J) lata/- U T