Prem Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58874 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.
PREM RAI Son of Raghunath Rai Resident of Village-Pachai Jagdish, P.S.- Rajapakar, District-Vaishali.
2.
Mukesh Rai Son of Raghunath Rai Resident of Village-Pachai Jagdish, P.SRajapakar, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 This application, for grant of anticipatory bail, arises out of Rajapakar P.S. Case No. 24 of 2019, disclosing offences under Sections 302, 120(B) and 34 of the Indian Penal Code.
Prosecution case in brief is that informant heard some sound from the room, where the brother of informant was sleeping, thereafter, he went there and saw the petitioner and others fleeing away from there and also found the dead body of the his brother.
Submission of learned counsel for the petitioners is that they have falsely been implicated in this case as there was dispute between the parties from before with respect to purchase
Patna High Court CR. MISC. No.58874 of 2019(4) dt.19-11-2019 2/2 of land from the second wife of the deceased. Further submission is that postmortem report does not disclose the cause of death.
Heard learned A.P.P. and perused the Viscera report that also not disclose any poisonous substance in Viscera. Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 24 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Let the Viscera Report be sent back to the Director, F.S.L. so that the same can be sent to the Trial Court. (Vinod Kumar Sinha, J) sunilkumar/- U T