Jalandhar Rai @ Jalandhar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.210 of 2024 Arising Out of PS. Case No.-502 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Jalandhar Rai @ Jalandhar Ray Raman Rai @ Raman Ray Village- Saguniya. PS- Chiraiya, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. As per allegation in the FIR, on denial to do work in the field of the petitioner by the informant's son, petitioner and other accused persons have threatened that he will be killed. Thereafter, on 19.11.2022, while his son was working in his field, petitioner and other co-accused persons dashed him with their tractor and thereafter on order of petitioner, co-accused over-ride the tractor over him and he died.
Patna High Court CR. MISC. No.210 of 2024(2) dt.12-01-2024 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of dashing is against Nitish Kumar, who has already been granted anticipatory bail by another co-ordinate Bench of this Court by order dated 3.8.2023 passed in Cr. Misc. No. 40726 of 2023. Allegedly, petitioner was the order giver. It is further submitted that a compromise petition has been filed before the learned Trial court by the informant stating therein that it was an accidental death and the same is annexed as Annexure-2 to the petition. Petitioner has got no criminal antecedent and languishing in judicial custody since 17.7.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate,
Patna High Court CR. MISC. No.210 of 2024(2) dt.12-01-2024 3/3 Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 502 of 2022.
(Sunil Kumar Panwar, J) sushma/- U