Raju Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80288 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- Shahartelpa P.S. District- Arwal ====================================================== 1.

Raju Sao Son of Indradeo Sao Resident of Village- Kalbaliya Bigha, PSShahar Telpa, Distt.- Arwal 2.

Pappu Sao Son of Indradeo Sao Resident of Village- Kalbaliya Bigha, PSShahar Telpa, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 126 (2), 115 (2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the petitioners along with others assaulted the husband of the informant with 'slap' and 'fists'. There is specific allegation against Neelam Devi, Ishwari Kumar and Chintu Kumar that they sat over the

Patna High Court CR. MISC. No.80288 of 2024(3) dt.27-02-2025 2/3 stomach of the deceased and assaulted him. Accordingly, the FIR.

4. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it appears that there is general and omnibus allegation against the petitioners. From perusal of the post-mortem report, it is clear that the doctor has found the cause of death due to strangulation leading to Asphyxia. It is further submitted that the nature of allegation and the postmortem report does not co-related. Petitioners are own brother of the deceased. Moreover, the petitioners are languishing in judicial custody since 06.09.2024 having no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sahar Telpa P.S. Case No. 90 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.80288 of 2024(3) dt.27-02-2025 3/3 Chief Judicial Magistrate, Arwal.

(Ashok Kumar Pandey, J) Jagdish/- U T