Ajay Rai @ Ajay Kr. Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67360 of 2022 Arising Out of PS. Case No.-176 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== 1.
Ajay Rai @ Ajay Kr. Rai S/o Mahipat Rai, R/o Village- Saifpur, P.S.- Ganga Bridge, Distt- Vaishali.
2.
Nanhak Rai @ Nanhaki Rai @ Indrajeet Rai S/o Raj Narain Rai, R/o Village- Saifpur, P.S.- Ganga Bridge, Distt- Vaishali. 3.
Raj Kumar Rai S/o Raj Narain Rai, R/o Village- Saifpur, P.S.- Ganga Bridge, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in connection with Ganga Bridge P.S. Case No. 176 of 2019, lodged under Sections 302/34 of the Indian Penal Code.
As per prosecution case, it has been alleged that in the evening of 08.10.2019 younger brother of informant was moving in village when informant called him on Mobile, then he has informed that they are near Ganga Bridge and they shall
Patna High Court CR. MISC. No.67360 of 2022(2) dt.27-02-2023 2/3 return soon. When the brother of informant has not returned after half an hour, then informant reached there and found that his brother was present with 6 named accused near pillar no.9. Upon request the brother of informant told him that he shall return after 2-4 songs, thereafter, the informant returned back. When in the morning, brother of informant has not come, then the informant started searching and found that the dead body of his brother was there in the Saifpur Kelwani. On the basis of suspicion, the present case has been filed, in which, 6 persons were made accused.
Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He further submits that only on the basis of suspicion the name of petitioners have figured in this case. He also submits that antecedent of petitioners are clean, petitioner no.1 & 2 are in custody since 20.09.2022 and petitioner no.3 is in custody since 21.07.2022. He further submits that other similarly situated coaccused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 28.05.2020 & 09.03.2021 passed in Cr. Misc. No. 5812 of 2020 & Cr. Misc. No. 2785 of 2021.
Learned counsel for the State opposes the prayer for
Patna High Court CR. MISC. No.67360 of 2022(2) dt.27-02-2023 3/3 bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 176 of 2019, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T