Parmeshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48713 of 2023 Arising Out of PS. Case No.-186 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Parmeshwar Rai Son Of Late Faguni Rai @ Phaguni Rai Resident Of Village Raghunathpur Donma, Ps- Sakra, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sagar Kumar, Advocate For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Sakra P.S. Case No. 186 of 2020 dated 20.05.2020 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of brother-in-law of the informant's brother on account of dispute
Patna High Court CR. MISC. No.48713 of 2023(2) dt.08-08-2023 2/3 of road rage.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 24.08.2022 passed in Cr. Misc. No. 72345 of 2021. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur (East) in connection with Sakra P.S. Case No. 186 of 2020 with the condition :- (i) The petitioner is directed to remain physically present
Patna High Court CR. MISC. No.48713 of 2023(2) dt.08-08-2023 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T