Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80311 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- MAHUA District- Vaishali ====================================================== DEVENDRA RAI S/O KUNTA RAI R/O VILLAGE- TAJPUR BUZURG, PS. MAHUA, DIST. VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Nischal Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr. Arun Kumar Singh,APP Mrs.Pratima Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 120B/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 14.05.2023 at about 9 PM, the father of the informant had gone to sleep at his Bathan and in the next morning, when informant went to his Bathan, he saw that his father has been murdered by stabbing knife in his neck. The informant raised suspicion that all the F.I.R. named accused persons including this petitioner alongwith 4-5 unknown persons have killed his father.

4. It is submitted on behalf of petitioner that petitioner is not named and his name has transpired during course of

Patna High Court CR. MISC. No.80311 of 2023(3) dt.19-03-2024 2/2 investigation only on suspicion. There is no eye-witness to the alleged occurrence and only suspicion has been raised against petitioner and others. There is no material against this petitioner to show his complicity in the alleged crime. Petitioner has got clean antecedent.

5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned J.M. 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 304 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T