Lal Mohan Ray @ Mohan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44970 of 2022 Arising Out of PS. Case No.-675 Year-2021 Thana- MAHUA District- Vaishali ====================================================== NIRSU RAI @ SATENDRA RAI @ SURENDRA RAI S/o Late Baleshwar Rai Resident of Village- Singhara Tanda Chauk, P.S.- Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46731 of 2022 Arising Out of PS. Case No.-675 Year-2021 Thana- MAHUA District- Vaishali ====================================================== LAL MOHAN RAY @ MOHAN RAY SON OF NIRSU RAY @ SATYENDRA RAY @ SURENDRA RAY R/O VILL.- SINGHARA TADA CHOUK, P.S.- MAHUA, DIST.- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 44970 of 2022) For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh (In CRIMINAL MISCELLANEOUS No. 46731 of 2022) For the Petitioner/s :

Mr.Rajeev Ranjan Sinha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. As per allegation in the FIR, informant's nephew was killed by accused persons by stabbing and his dead body was thrown near road of N.N. College, Singhara in Fatuha. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They

Patna High Court CR. MISC. No.44970 of 2022(4) dt.13-02-2023 2/2 have committed no offence. Only on the basis of suspicion, their names have been dragged in the present case. Both parties are agnates and there was some land dispute. No specific allegation of stabbing is against the petitioners. There is no eye witness of the occurrence. Petitioners are languishing in judicial custody since 5.3.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali Hajipur in connection with Mahua P.S. Case No. 675 of 2021.

(Sunil Kumar Panwar, J) sushma/- U