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Patna High CourtCR. MISC./72762/2025bail granted

Manoj Kumar Rai @ Manoj Rai @ Sukesh Rai v. The State Of Bihar

2025-10-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72762 of 2025 Arising Out of PS. Case No.-85 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Manoj Kumar Rai @ Manoj Rai @ Sukesh Rai S/O Kashi Rai @ Kashi Pd. Rai Resident of Village- Jhauwa Tola , P.S -Awtar Nagar , Diistrict - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Awtar Nagar P.S. Case No. 85 of 2023 instituted for the offences under Sections 302, 120B of the Indian Penal Code. 3.

Accusation against the accused persons including the petitioner is of assaulting the deceased due to which he sustained injuries and died.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned

Patna High Court CR. MISC. No.72762 of 2025(2) dt.13-10-2025 2/2 counsel further contended that deceased died due to shock which is also evident from the post-mortem report of the deceased, in which doctor has opined that the death of deceased has been caused due to sudden cardiac arrest leading to cardiorespiratory failure. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent and he is in custody since 01.09.2025. Similarly situated co-accused person has been enlarged on anticipatory bail by this Court vide order dated 25.07.2025, passed in Cr. Misc. No. 14981 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awtar Nagar P.S. Case No. 85 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T