Tilakdhari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29823 of 2020 Arising Out of PS. Case No.-149 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

TILAKDHARI RAI Son of Late Siyaram Rai Resident of Village - Koyal, P.S. - Charpokhari, District - Bhojpur.

2.

Raju Rai Son of Late Srikant Rai Resident of Village - Koyal, P.S. - Charpokhari, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr. T. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 302 and 34 of the Indian Penal Code. The prosecution case in short is that while the informant and his father were working in the field, the accused persons came there and assaulted father of the informant due to which he died.

It has been submitted on behalf of the petitioners that the petitioner no. 1 is in custody since 20.08.2019 while petitioner no. 2 is in custody since 27.8.2019. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.29823 of 2020(3) dt.06-01-2021 2/3 petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The petitioner no. 1 is said to have dragged the deceased with gamchi.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. There is no specific allegation against the petitioner no. 2 who is said to have assaulted the deceased with Rami. From perusal of the postmortem report, it is evident that there is incised wound on the scalp of the deceased. The allegations made in the F.I.R. is corroborated by the post-mortem report in respect of petitioner no. 2.

Considering the above, I am not inclined to grant bail to the petitioner no. 2. The prayed made on behalf of the petitioner no. 2 is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within a period of nine months from the date of receipt/production of a copy of this order.

So far petitioner no. 1 abovenamed is concerned, he is directed to be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.29823 of 2020(3) dt.06-01-2021 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 149/2019.

(Sudhir Singh, J) Pankaj/- U T