Chhabila Rai @ Chhabela Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66953 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Chhabila Rai @ Chhabela Rai Son of Late Suraj Rai Resident of Village -Maharani Sirsiya P.S.- Pipra District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Madhuban P.S. Case No. 308/2023 lodged on 02.07.2023 under Sections 302/120B/201 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against six named accused persons, including the present petitioner alleging therein that the petitioner along with other had called the deceased with whom he left the house and after few days, his dead body was recovered. Thereafter, the present FIR has been lodged in which the informant has disclosed the name of six persons on the basis of suspicion.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.66953 of 2023(4) dt.29-02-2024 2/3 petitioner is in custody since 06.07.2023 and is accused in two more criminal cases, but in both the cases, he has been granted bail. The chargesheet has already been filed. Learned counsel for the petitioner further submits that in the case diary, no cogent material has come against the petitioner, moreover, there is no eye witness to the alleged occurrence save and except suspicion.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner but fairly submits that there is no eye witness in this case but there is strong suspicion upon the petitioner due to the reason that he is the beneficiary from the death of the deceased.
7. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty
Patna High Court CR. MISC. No.66953 of 2023(4) dt.29-02-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T