Debu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66484 of 2022 Arising Out of PS. Case No.-269 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== DEBU RAI Son of Amiri Rai R/v- Jaganiya, P.S.- Gaighat, DistrictMuzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307, 302/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant's father and Md. Dukhi were watching the mango tree in orchard, FIR named accused persons along with 10 unknown persons came there and killed the informant's father by assaulting and Md. Dukhi has also sustained injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Allegedly 19 persons have assaulted the deceased but as per postmortem

Patna High Court CR. MISC. No.66484 of 2022(3) dt.27-03-2023 2/2 report, only two abrasions were found on his body, which falsify the prosecution story. Md. Dukhi was present at the place of occurrence but he has not been named as witness in the chargesheet. No specific overt act is attributed to the petitioner. He is languishing in judicial custody since 14.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Muzaffarpur in S. Tr. No. 735 of 2022 arising out of Gaighat P.S. Case No. 269 of 2022. (Sunil Kumar Panwar, J) sushma/- U