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Patna High CourtCR. MISC./72925/2023bail granted

Pappu Rai @ Jaleshar Rai v. The State Of Bihar

2023-11-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72925 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- AMARPUR District- Banka ====================================================== 1.

PAPPU RAI @ JALESHAR RAI SON OF CHUNCHUN RAI RESIDENT OF VILLAGE - KEDIA, POLICE STATION - FULIDUMAR, DISTRICT - BANKA 2.

NIRAJ KUMAR RAI @ NIRAJ RAI SON OF DARSHAN RAI RESIDENT OF VILLAGE - KEDIA, POLICE STATION - FULIDUMAR, DISTRICT - BANKA 3.

CHUNCHUN RAI SON OF LATE SANTLAL RAI RESIDENT OF VILLAGE - KEDIA, POLICE STATION - FULIDUMAR, DISTRICT - BANKA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Malendu, Advocate For the Opposite Party/s :

Mr. Bharat Lal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case , on 15.07.2023 at about 07:00 AM the informant received message that one dead body was lying near village Tughro field and when the

Patna High Court CR. MISC. No.72925 of 2023(2) dt.09-11-2023 2/3 informant reached there she saw that the dead body was of her husband and his murder was committed by cutting his neck. Thereafter the informant got knowledge on enquiry that accused persons namely Ajay Rai @ Manoj Rai, Sudhir Rai, Pappu Rai @Jaleshar Rai, Anil Rai, Niraj Rai and Chunchun Rai have committed murder of the husband of the informant due to land dispute .

4. It is submitted on behalf of the petitioners that due to land dispute petitioners have been made accused in this case . Informant is not an eye witness of the alleged occurrence and she has not disclosed source of knowledge or name of person who gave her information. Only suspicion has been raised against this petitioner. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Banka in connection with Amarpur (Fulidumar) P.S. Case No. 503 of 2023 , subject to the

Patna High Court CR. MISC. No.72925 of 2023(2) dt.09-11-2023 3/3 conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T