Raushan Giri @Raushan Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37005 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Raushan Giri @Raushan Kumar Giri Son of Someshwar Giri @Sumeshwr Giri @Sumeshwar Giri R/O Village- Narha panapur, P.S.-Rajepur, DistrictEast Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42589 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== NIRMAL BHARTI @ NIRMAL KUMAR BHARTI S/O NARENDRA BHARTI R/O VILLAGE- NARHA PANAPUR, P.S- RAJEPUR, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37005 of 2024) For the Petitioner/s :
Mr.Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr.Ahmad Ali (In CRIMINAL MISCELLANEOUS No. 42589 of 2024) For the Petitioner/s :
Mr.Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.37005 of 2024(5) dt.07-04-2025 2/3
3. The case of the prosecution is that on 26.10.2023 informant received an information that her husaband has been killed and dead body is hanging on a tree. When she went to the place of occurrence, she found that her husband was ganging in a 'mango' tree. She belief that co-accused, namely, Kaushal Ray, Balak Ray, Laxmi Ray, Madhu Devi and Babita Devi has committed murder of her husband.
4. During the course of investigation, these petitioners have given their confessional statement and in their confessional they have confessed their guilt.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that there is no material in the case diary to implicate them except the confessional statement of their own. Petitioners have been implicated in this case on mere suspicion. Moreover, the petitioners are languishing in judicial custody since 28.10.2023 having no criminal antecedent.
6. Learned APP appearing for the state has opposed the prayer of regular bail.
7. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on
Patna High Court CR. MISC. No.37005 of 2024(5) dt.07-04-2025 3/3 bail. The above named petitioners are directed to be released on bail in connection with Rajepur P.S. Case No. 250 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court.
(Ashok Kumar Pandey, J) Jagdish/- U T