Shyam Babu Rai @ Bhola @ Bhola Rai @ Shyambabu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2367 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== SHYAM BABU RAI @ BHOLA @ BHOLA RAI @ SHYAMBABU RAY SON OF SRI KISHOR RAI @ KISHORI RAI RESIDENT OF VILLAGE - MADARIPUR KARN, P.S. - MEENAPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 326 & 307/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused on sitting the body of the son of the informant was cutting his neck with sharp weapon and after raising hulla they managed to escape away from the place of occurrence.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to previous enmity. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus

Patna High Court CR. MISC. No.2367 of 2021(3) dt.18-05-2021 2/2 in nature. It is further submitted that there is no injury report in the case diary. As a matter of fact, the present informant has evil eye on some land siutated at sasural of the petitioner and sons of the informant have also misbehaved with the wife of the petitioner for which earlier Panchayati was also held but their behavior continued which resulted into institution of Complaint Case No.911 of 2019. It is lastly submitted that the charge has been framed against the petitioner. The petitioner has been languishing in custody since 12.03.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Meenapur P.S. Case No.45 of 2019.

The learned Court below is directed to accept the bail bond of the petitioner after verifying the fact that the charge is framed against him.

(Anjani Kumar Sharan, J) Trivedi/- U T