Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20734 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -MOKAMAH District- PATNA ====================================================== Arun Rai, son of Late Devan Rai, resident of vill- Mekra Naya Tola, P.S.- Mokama, Distt.- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mokama P.S. Case No. 25 of 2016 registered under Sections 341, 506, 302, 201 and 120-B of the Indian Penal Code and Section 27 of the Arms Act.

The accusation of informant, Babu Prasad Rai @ Jhotu Rai is that one Nawal Rai @ Burhai had shot fire at his son, Lakar Rai, causing injury, on which, a case was instituted against Nawal Rai @ Burhai. After passing of few months, Nawal Rai and Indal Rai along with petitioner used to threaten the informant and his son to compromise the case. On 30.01.2016, informant

received information that his son was being carried by Nabal Rai, Manoj Rai and Shambhu towards Ganga Ghat for pressurising to compromise the case. The informant rushed there and saw that they were carrying his son on a boat and moving towards south in Ganga. When the boat reached in the mid of Ganga, the informant heard sound of firings. Informant alleged that his son, Lakar Rai was killed by Nabal Rai, Manoj Rai and Shambhu and thrown the dead body in the Ganga river. The informant along with villagers tried to search the dead body but could not trace out. Learned counsel for the petitioner submits that it would appear from the F.I.R.

that informant had come to know about his son was carrying by Nabal Rai, Manoj Rai and Shambhu on the boat towards south in the Ganga river but due to ulterior motive the name of the petitioner has falsely been implicated in this case as he the brother of Nabal Rai. It is further submitted that petitioner is in custody since 31.01.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh, in connection with Mokama P.S. Case No.

2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T