Ramagya Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72241 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- PATAHI District- East Champaran ====================================================== 1.
Ramagya Rai S/O Late Lakha Rai Village- Rupani Math, Ps. Patahi, Dist. East Champaran 2.
Munchun Kumar Rai S/O Ramagya Rai Village- Rupani Math, Ps. Patahi, Dist. 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. Rajendra Prasad Nat For the Informant Mr. Shyama Kant Singh Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34, 120(B) of the Indian Penal Code.
3. As per allegation in the FIR, informant's son, namely Manoj Kumar was called for by eight accused persons for payment of due wages of three months by petitioner no. 1. But till date he did not return to his house and during search his dead body was found lying dead in bamboo orchard.
Patna High Court CR. MISC. No.72241 of 2023(3) dt.31-01-2024 2/3
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, name of petitioners have been surfaced in the present case. General and omnibus allegation has been levelled against both the petitioners. During investigation, no consistent material has come against them to show their involvement in the present case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 20.6.2023 passed in Cr. Misc. No. 17444 of 2023. Petitioners have got no criminal antecedent and They are languishing in judicial custody since 1.8.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioners are named in the FIR.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.72241 of 2023(3) dt.31-01-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Motihari, East Champaran in connection with Pathi P.S. Case No. 226 of 2022.
(Sunil Kumar Panwar, J) sushma/- U