Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6078 of 2021 Arising Out of PS. Case No.-4 Year-2017 Thana- RAGHOPUR District- Vaishali ====================================================== MAHESH RAI Son of Late Suraj Rai Resident of Village - Khushrupur, P.S.- Khushrupur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Informant Mrs. Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 364, 365/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with others kidnapped the brother of the informant with intention to kill him.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6078 of 2021(2) dt.16-04-2021 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that in the year 2012 father of the petitioner was murdered and for that Khushrupur P.S. Case No. 97 of 2012 under Section 341, 323, 324, 448, 302, 380, 427, 435, 307/34 of the Indian Penal Code was lodged against the informant's father. The present case has been lodged only to create pressure on the petitioner and his family members. He submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 35438 of 2020 on 23.12.2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 12.08.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released 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 the learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 04 of 2017. (Anjani Kumar Sharan, J) devendra/- U T