Vishal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51945 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -CHAURI District- BHOJPUR ====================================================== Vishal Rai, Son of Late Bharath Rai, Resident of Village- Andhari, Police Station- Chauri, District- Bhojpur (Arrah). .... .... Petitioner.

Versus

The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chauri P.S. Case No. 09 of 2017 registered under Section 302 and 201/34 of the Indian Penal Code.

As per the prosecution case, the petitioner and other co-accused Arbind Rai who happen to be cousin brothers of the informant and were living with her father are said to have committed murder of her father and they also used to extend threatening to her and her father.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather general and omnibus. The petitioner has been falsely implicated in this case merely on suspicion. He used to take care

Patna High Court Cr.Misc. No.51945 of 2017 (03) dt.22-12-2017 - 2 - of the deceased keeping him with him and rendered all sort of services to him. The deceased had filed a partition suit not against the petitioner rather against his daughter-in-law. As a matter of fact, the deceased had died of drowning in the river in course of taking bath. The petitioner has been languishing in custody since 26.05.2017. Similarly situated co-accused Arbind Rai has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No.35070 of 2017 vide order dated 08.06.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Bhojpur, Ara in connection with Chauri P.S. Case No.09 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T