Raghuveer Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48149 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- PATORI District- Samastipur ====================================================== RAGHUVEER RAI Son of Baleshwar Rai Resident of Village - Chakjalal , P.s.- Tajpur (Halai), Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 302, 504, 506/34 of the Indian Penal Code and sections 27 of the Arms Act.

As per allegation in the FIR, while the informant and her daughter was going to their house, three accused persons came there on motorcycle and co-accused Sanjay Rai and his son Bipin caught hold the hands of the informant's husband and co-accused Ram Darshan opened fire upon him as a result of which he succumbed to the injuries on spot.

It is submitted by learned counsel for the petitioner that petitioner is innocent. He has been falsely implicated in this case. Petitioner is not named in the present case. On the basis of

Patna High Court CR. MISC. No.48149 of 2022(3) dt.19-01-2023 2/2 confessional statement of co-accued Manish Kumar before the police, the name of the petitioner has came into light which has no evidentiary value in the eye of law. The case of the petitioner stands on better footings to that of the co-accused, Manish Kumar, who has already been granted regular bail by another Bench passed in Cr. Misc. No. 47726 of 2022 vide order dated 20.12.0222. Petitioner is languishing in judicial custody since 15.03.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. They submitted that petitioner is conspirator of the present case. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur in connection with Patory P.S. Case No. 41 of 2022.

(Sunil Kumar Panwar, J) sushma/- U