Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72345 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== SURENDRA RAI Son of Late Ram Autar Rai Resident of Village - Raghunathpur Donma, P.s.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sakra P.S. Case No. 186 of 2020 registered for the offence under Sections 147/148/149/341/323/307/302 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 13.08.2021 The allegation against the petitioner is to commit murder of the brother-in-law of the informant along with other co-accused person for the reason founded over road-rage. Learned counsel appearing on behalf of the petitioner submitted that the allegation against the petitioner is very much general and omnibus, as regard to fatal assault. It has further been

Patna High Court CR. MISC. No.72345 of 2021(3) dt.24-08-2022 2/2 submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 14902 of 2021 dated 14.09.2021. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that allegation as regard to fatal assault is very much general and omnibus against this petitioner. Considering the facts and circumstances as mentioned above, as the allegation as regards to fatal assault is general and omnibus, where, petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sakra P.S. Case No. 186 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-12th, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T