Nawal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42942 of 2024 Arising Out of PS. Case No.-316 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nawal Rai S/O Late Shiv Ray Resident of Village- Madhopur Hazari, Balua Tola, Police Station- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar S.K., Advocate For the State :

Mr. Abhay Kumar Roy, APP For the Informant :

Mr. Yugal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case in brief is that on 07.07.2023 at about 6 PM in the evening, this petitioner along with other accused persons named in the F.I.R. assaulted the husband of informant by means of iron rod, sword and pharsha as a result of which, husband of informant died during course of treatment.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case due to previous land dispute between the parties. Petitioner has got no concern with the

Patna High Court CR. MISC. No.42942 of 2024(4) dt.29-11-2024 2/2 alleged incident. As a matter of fact, husband of informant died due to ailment and taking advantage of the situation, this false and concocted case has been lodged. Petitioner has got no criminal antecedents and he is in custody since 25.09.2023.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, assaulted husband of informant as a result of which, he died during course of treatment. It is further submitted that in the post mortem report, doctor has found 9 injuries on the body of the deceased caused by hard, blunt and heavy object.

6. Considering the rival submissions and specific accusation of assault against this petitioner, the prayer for grant bail of to the petitioner is rejected.

7. However, considering the fact that the petitioner is in custody since 25.09.2023, the learned trial court is directed to expedite the trial and conclude the same, as early as possible. (Prabhat Kumar Singh, J) shashank/- U T