Rudal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49205 of 2023 Arising Out of PS. Case No.-449 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Rudal Rai Son Of Jado Rai Resident Of Village - Raghunathpur, P.S.- Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 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 Mufassil P.S. Case No. 449 of 2022 dated 15.12.2022 registered for the offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, on 14.12.2022 at 3:30 P.M., when the informant along with his associates was irrigating wheat crops, the petitioner and the co-accused persons surrounded the informant's father and the co-accused, Bana Rai, Pandav Rai and Dhananjay Rai shot the informant's father dead.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.49205 of 2023(2) dt.17-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 28.07.2023 passed in Cr. Misc. No. 41133 of 2023. The specific allegation of firing is against the co-accused persons. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.03.2023.

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, the petitioner abovenamed, 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, Munger in connection with Mufassil P.S. Case No. 449 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T