Dashrath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42200 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Dashrath Rai S/o Raj Balam Rai R/o village- Sihoriya, P.S.- Marhaura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Mr. A.G., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-11-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Marhaura P.S. Case No. 82 of 2022 lodged under Sections 302/120(B)/34 of the I.P.C. and Section 27 of the Arms Act. As per the prosecution case, the petitioner has made named accused in this case in which murder of informant's uncle took place.

Learned counsel for the petitioner submits that from the entire F.I.R., there is absolutely no allegation against the present petitioner. The only material against the present petitioner is that after death, the petitioner was shouting halla and called the informant. Learned counsel further submits that

Patna High Court CR. MISC. No.42200 of 2022(2) dt.02-11-2022 2/3 petitioner's name was given in the accused column. Learned counsel submits that after investigation, final form has been filed in which the name of the petitioner was exonerated from this case and then subsequently the Trail Court took cognizance of the petitioner and the petitioner was taken into custody since 13.02.2022. Learned counsel for the petitioner submits that petitioner is a man of clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 82 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T

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