Manager Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4311 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Manager Rai Son Of Late Bhawani Rai Village- Rampur Ps- Marhowrah Gaura Op Dist- Saran At Chapra ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ramavati Devi wife of Prabhu Ram Village- Rampur Ps- Madhaura Gaura OP Dist- Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Udai Shankar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the orders dated 01.07.2023 and 09.08.2023 passed by learned 3rd Additional Sessions Judge-cum-I/C, SC/ST, Special Court, Saran at Chapra in connection with Marhowrah P.S. Case No. 262 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected. It is a case of commission of murder of the son

Patna High Court CR. APP (SJ) No.4311 of 2023(5) dt.11-01-2024 2/3 of the informant by all the F.I.R named accused persons including the appellant.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the appellant. The informant is not the eye witness to the occurrence. During the course of investigation, the police submitted final form, exonerating the appellant. The appellant is in custody since 18.05.2023. A statement has been made in para 3 of the petition that appellant has clean antecedent. In contra, learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the orders dated 01.07.2023 and 09.08.2023.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be

Patna High Court CR. APP (SJ) No.4311 of 2023(5) dt.11-01-2024 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Special Judge, SC/ST, Special Court, Saran at Chapra in connection with Marhowrah P.S. Case No. 262 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T