Raju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32893 of 2020 Arising Out of PS. Case No.-186 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Raju Rai S/o Faujdar Rai @ Faujdar Yadav Resident of Village-Raghunathpur Donwa, P.S.-Sakra, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Sakra P.S. Case no. 186 of 2020 registered under sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that Rupesh Kumar met with an accident on his motorcycle and injured Suresh Kumar. The villagers made an attempt to catch hold of him, however, he escaped. It is stated that subsequently, over the said accident there was dispute between the parties and the 15 named accused persons including the petitioner herein as also 10 unknown persons assaulted the informant and others with various arms and in the assault the brother-in-law of the brother of the informant namely Dharmendra Kumar died.

Patna High Court CR. MISC. No.32893 of 2020(3) dt.11-01-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The allegations are general and omnibus in nature. Postmortem report does not support the allegation as made in the F.I.R. It is submitted that the petitioner is in custody since 24.5.2020, he has no criminal antecedent and the investigation in the case has concluded with submission of the chargesheet. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner, the period in custody and the chargesheet in the case having been submitted, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sakra P.S. Case no. 186 of 2020 on his furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M IVth-cum-Sub Judge, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U