Single-judge Patna High Court granted regular bail to the petitioner who was under remand, allowing him to be released on furnishing a bail bond of Rs. 10,000 with two sureties of the same amount for offences under multiple sections of IPC including murder.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11099 of 2023
Arising Out of PS. Case No.-226 Year-2020 Thana- KADWA District- Katihar
======================================================
BABLU RAI Son of Moti Rai @ Goda Rai R/V- Badwabari, P.S- Kadwa, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Prasad, Advocate For the Opposite Party/s : Mr.Anil Kumar, App ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 22-02-2023
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Kadwa P.S. Case No. 226 of 2020 registered for the offences punishable under Sections 341, 323, 504, 506, 302, 34 of the Indian Penal Code.
As per the prosecution, the informant alleged that this petitioner along with other co-accused persons assaulted the informant’s father by means of lathi and sharp cutting weapon etc., as a result to which, he succumbed to the injuries.
The main submissions advanced by the learned counsel Mr. Bhola Prasad for the petitioner are that the petitioner along with Moti Rai @ Goda Rai earlier preferred Cr. Misc. No.10234 of 2022 for the relief of regular bail which was
Patna High Court CR. MISC. No.11099 of 2023(2) dt.22-02-2023 2/3
rejected by this Court on 06.07.2022 with giving him a liberty to renew his prayer after six months, if his trial is not completed in the said period and now Bablu Rai (petitioner) again filed the instant criminal miscellaneous petition for the same relief as petitioner’s trial is still running and no significant change regarding the stage of trial of the petitioner has taken place and the stage of trial of the petitioner is same as when the earlier criminal miscellaneous petition was rejected by this Court. Further submission is that three co-accused persons who are named in the FIR have already been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No.33173 of 2021 and one co-accused namely Moti Rai @ Goda Rai has been granted bail by this Bench and as per the allegation made in the FIR, the petitioner was simply alleged to have inflicted a lathi blow on the deceased but the main allegation is against co-accused Raja Rai @ Chikua and the petitioner has been anguishing in jail since 14.10.2020.
Learned APP Mr. Anil Kumar appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, and mainly considering the petitioner’s custody period and also the prosecution’s lingering attitude in completing the petitioner’s
Patna High Court CR. MISC. No.11099 of 2023(2) dt.22-02-2023 3/3
trial, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kadwa P.S. Case No. 226 of 2020.
(Shailendra Singh, J)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail considering his co-accused have been granted bail and the lingering prosecution attitude.
Whether the petitioner should be released on bail on furnishing a bond with sureties in connection with the registered case.
Bablu Rai
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
