Patna High CourtCR. MISC./47734/2023rejected

Om Nath Rai v. The State Of Bihar

2023-09-12Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47734 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- SARAI District- Vaishali ====================================================== OM NATH RAI Son of Bhuneshwar Rai @ Bhuvneshwar Rai Resident of Village - Rasulpur Karhari, P.S. - Bhagwanpur in the Distt. of Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Surendra Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 02.06.2022 in connection with Sarai P.S. Case No. 173 of 2022, F.I.R. dated 01.06.2022 registered for the offence punishable under Section 302 of the Indian Penal Code.

3. Allegation against the petitioner is that he cut the throat to the husband of the informant by sharp knife because he did not pay Rs.30,000/- to the petitioner instantly.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits

Patna High Court CR. MISC. No.47734 of 2023(3) dt.12-09-2023 2/2 that the petitioner has been implicated in the present case only on the basis of suspicion and due to previous money dispute between the deceased and the petitioner.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and it has come during investigation that the petitioner has cut the throat of the deceased by sharp knife because he did not pay Rs.30,000/- to the petitioner and there is direct and specific allegation against the petitioner which is supported by the medical evidence.

6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner which is supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Sarai P.S. Case No. 173 of 2022 pending in the court of learned Additional Chief Judicial Magistrate-XVI, Vaishali at Hajipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T