Raman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43116 of 2023 Arising Out of PS. Case No.-75 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Raman Rai, Son Of Late Rajendra Rai, Resident Of Village Karanpur Utri Post And Ps Bochan Dist Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bochahan P.S. Case No. 75 of 2020 dated 07.03.2020 registered for the offences punishable u/ss 307, 504, 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons along with 6-7 unknown persons came at the door of the informant. They started abusing the informant and his family members. On being objected, the co-accused

Patna High Court CR. MISC. No.43116 of 2023(2) dt.20-07-2023 2/3 Ravindra Rai ordered to kill then the petitioner and the coaccused persons started assaulting the informant's husband indiscriminately with iron rod due to which he sustained head injuries and Ravindra Rai smashed severely the head of the informant's husband with bricks. Thereafter, the informant's husband was brought to the hospital for treatment and during the course of treatment he died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner is the full brother of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the post-mortem report shows several injuries on the head of the deceased and cause of death is due to head injuries.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

Patna High Court CR. MISC. No.43116 of 2023(2) dt.20-07-2023 3/3

8. Accordingly, his prayer for grant of bail is rejected.

9. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) Gautam/- U T