Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66865 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== Naresh Rai Son of Sipahi Rai Resident of Vill- Manas Naya Panapur, P.S.- Akilpur, District- Chapra at Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand Mr. Roop Kishan For the Informant :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pahleja P.S. Case No. 67 of 2024 dated 08.06.2023 registered for the offence/s punishable u/ss 147, 148, 149, 452, 380, 302, 506 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the informant alleged that he heard the sound of gun shot, came out and saw the named accused including this petitioner, taking the belongings from the house of Sunaina Devi including her buffaloes. Further the allegation is that as she ran to save her buffaloes, Ranjan Rai, Rajesh Rai and Pankaj Rai opened fire from country made pistol

Patna High Court CR. MISC. No.66865 of 2024(4) dt.10-01-2025 2/2 causing her death immediately. Accordingly the FIR is registered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against the co-accused Ranjan Rai, Rajesh Rai and Pankaj Rai. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 26.11.2024 passed in Cr. Misc. No. 65907 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per the impugned order, the petitioner is in custody since 09.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Chapra, Saran in connection with Pahleja P.S. Case No. 67 of 2024.

7. The application stands allowed.

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