Dhuri Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41294 of 2023 Arising Out of PS. Case No.-464 Year-2020 Thana- RAHUI District- Nalanda ====================================================== Dhuri Ravidas Son Of Late Keshar Ravidas Resident Of Village - Rahui, P.O. - Rahui, P.S. - Rahui, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioner is that they entered the house of the informant with weapons and brutally assaulted informant's wife and other members due to which his wife sustained injury and died during treatment. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41294 of 2023(3) dt.03-08-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is an inordinate delay of about 16 days in lodging the FIR without given any cogent reason. No specific allegation of overt-act levelled against the petitioner rather general and omnibus allegation levelled against him. The petitioner has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 25848 of 2023. It is further submitted that except suspicion nothing incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 12.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahui P.S. Case No. 464 of 2020 on furnishing bail bond of

Patna High Court CR. MISC. No.41294 of 2023(3) dt.03-08-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Biharsharif.

(Sunil Kumar Panwar, J) Manishkumar/- U T