Ashok Rai @ Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58601 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- NAWANAGAR District- Buxar ====================================================== ASHOK RAI @ BHOLA RAI SON OF SARAL RAI VILLAGEBUDHAILA, PS- NAWANAGAR, DIST- BUXAR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

It is a case of commission of murder to the informant's uncle, namely, Ram Govind Rai by his son and his family members because the deceased was residing with his own brother against the wish of his son and daughter-in-law. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is the grandson (naati) of the deceased. Main accused, who is son of the deceased, namely, Saral Ray, has already been enlarged on bail by another coordinate Bench of this Court vide

Patna High Court CR. MISC. No.58601 of 2023(4) dt.06-11-2023 2/2 order dt. 27.6.2023 passed in Cr. Misc. No. 71543 of 2022. Only on the basis of suspicion, the name of the petitioner dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner is languishing in judicial custody since 28.4.2023.

The application for bail is opposed by learned APP for the State.

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 Additional Distt. And Sessions Judge-III, Buxar in connection with Nawanagar P.S. Case No. 234 of 2022.

(Sunil Kumar Panwar, J) sushma/- U