Patna High CourtCR. MISC./72380/2024rejected

Shankar Rai v. The State Of Bihar

2025-02-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72380 of 2024 Arising Out of PS. Case No.-324 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Shankar Rai Son of Late Ramdas Rai R/O Village - Naya Basti, Ajaibganj, P.S.- Bhagwan Bazar, District - Saran at Chapra ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajoday Satyjeet, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 302, 120(b) and 34 of the Indian Penal Code.

3. As per allegation in the FIR, accused persons assaulted the brother of the informant due to which he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case due to land dispute going on between the parties. Petitioner is in custody since 02.02.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that prayer for bail of similarly

Patna High Court CR. MISC. No.72380 of 2024(5) dt.21-02-2025 2/2 situated co-accused, namely, Rajesh Rai has been rejected by this Court vide order dated 11.03.2024 in Cr. Misc. No. 13298 of 2024.

6. On perusal of the first information report, case diary, post-mortem report of the deceased and impugned order dated 05.07.2024 and submission of both sides, it appears that petitioner is named in the FIR and the petitioner is alleged to be assailant of the deceased and there is specific allegation of assault upon the deceased by means of stick as stated in the impugned order, so I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Harshita/- U T