Patna High CourtCR. MISC./61344/2023bail granted

Jitendra Rai v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61344 of 2023 Arising Out of PS. Case No.-895 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Jitendra Rai Late Gajendra Rai Village- Chakmohabbat Bara, Jagarnath, PsAhiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 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.

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 Ahiyapur P.S. Case No. 895 of 2022 dated 07.10.2022 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 324, 325, 307 and 302 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with 5-10 unknown miscreants are alleged to have kidnapped and assaulted the son of the

Patna High Court CR. MISC. No.61344 of 2023(2) dt.12-09-2023 2/3 informant brutally which was informed by Rohit Kumar to the informant. The co-accused Surya Rai told the informant on her mobile phone that he would not leave her son and also told to take the dead body of her son, Raja Thakur.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 11.07.2023 passed in Cr. Misc. No. 18996 of 2023. The petitioner is accused in one more case as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2023.

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, Muzaffarpur in connection with Ahiyapur P.S. Case No. 895 of 2022.

Patna High Court CR. MISC. No.61344 of 2023(2) dt.12-09-2023 3/3

8. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T