Shiv Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33584 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== SHIV NARAYAN RAI Son of Late Pradeep Rai Resident of VillageChintamanpur Sarmastpur, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 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 petitioner 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 petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 302, 504 & 34 of the Indian Penal Code.

Prosecution case in short is that in the backdrop of petty feud, an altercation took place between the parties and in consequence thereof, the accused persons started assaulting the informant's husband as a result of which, he became unconscious and died.

Patna High Court CR. MISC. No.33584 of 2020(2) dt.14-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 15-04-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. The specific allegation has been made against coaccused Raushan Rai and Rajesh Rai. No specific overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West, Muzaffarpur in connection with Paroo P.S. Case No. 207 of 2020. (Sudhir Singh, J) A.K.V.//- U T