Raju Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36575 of 2023 Arising Out of PS. Case No.-20 Year-2019 Thana- SAHPUR District- Patna ====================================================== RAJU RAI Son of Vishwanath Rai @ Late Visha Rai Resident of village - Habaspur, P.s. - Shahpur, Distt. - Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoranjan Kumar For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code and subsequently section 302, 201 of Indian Penal Code was added.
As per allegation in the FIR, the petitioner along with other co-accused persons, variously armed, assaulted the nephew of the informant, due to which he succumbed to injuries.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. As a matter of fact that the nephew of the
Patna High Court CR. MISC. No.36575 of 2023(2) dt.03-07-2023 2/3 informant i.e. deceased met with an accident on 12.01.2019 and he was lying injured on the road. The petitioner and other persons seeing him, took him to the local doctor, who advised him to take him to a better hospital and thereafter the family members of the injured was informed and the incident was also reported in local news papers. The alleged occurrence took place on 12.1.2019 but the FIR has been registered after delay of three days on 15.1.2019. Moreover, other co-accused namely Golu Kumar has already been granted bail by this court vide order dated 15.2.2023 passed in Cr. Misc. No. 49280 of 2022, hence the case of this petitioner stands on similar footing of that of the co-accused. It is also submitted that petitioner is languishing in judicial custody since 7.1.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 in connection with Shahpur P.S. Case No. 20 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.36575 of 2023(2) dt.03-07-2023 3/3 Judicial Magistrate, 1st Class, Danapur (Patna). (Sunil Kumar Panwar, J) Amandeep/- U T