Chhotu Rai @ Chotu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81464 of 2023 Arising Out of PS. Case No.-466 Year-2017 Thana- MANIHARI District- Katihar ====================================================== Chhotu Rai @ Chotu Rai Son Of Shubh Narayan Rai @ Shambhu Narayan Rai Resident Of Village- Mohnadih, And Mohna Chandpur, P.S. Barari, (SEMAPUR), District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 364 of the Indian Penal Code.

3. The allegation is regarding the husband of the informant being abducted by the main accused namely Mohan Thakur and 10-11 unknown persons of the said Mohan Thakur for ransom and later on, the dead body of the husband of the informant was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.81464 of 2023(3) dt.19-03-2024 2/2 in FIR rather his name came into light in this case during the course of investigation. Nothing consistent material has found against the petitioner in respect of commission of murder of the informant's husband. Similarly situated several co-accused persons have already been granted bail by another co-ordinate Benches of this Court vide Annexure-2 and 3 of this petition. Moreover, the petitioner is languishing in judicial custody since 28.01.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manihari P.S. Case No. 466 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar.

(Sunil Kumar Panwar, J) Shubham/- U T