Petitions for regular bail dismissed by the High Court considering contradictory statements in the case diary and the State's opposition. The Court granted bail subject to furnishing bail bonds.
Regular bail granted on furnishing bail bond of Rs. 10,000/- each with two sureties of 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.17146 of 2024
Arising Out of PS. Case No.-274 Year-2023 Thana- DURAULI District- Siwan
======================================================
Mantu Rai S/o Sri Prashant Rai R/O VILLAGE - KEWA TALIA, P.S. - DARAULI, DISTRICT - SIWAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 34804 of 2024
Arising Out of PS. Case No.-274 Year-2023 Thana- DURAULI District- Siwan
====================================================== PRASHANT RAI SON OF LATE PAHWARI RAI RESIDENT OF VILLAGE - KEWTALIA, POLICE STATION - DARAULI, DISTRICT - SIWAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 17146 of 2024) For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Shailendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 34804 of 2024) For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
6 11-09-2024
Both the cases arise out of the same case i.e. Darauli
P.S. Case No. 274 of 2023 and hence, both the applications are
being heard and disposed of by this common order.
Heard learned counsel for the petitioners and learned
APP for the State.
Patna High Court CR. MISC. No.17146 of 2024(6) dt.11-09-2024 2/4
Patna High Court CR. MISC. No.17146 of 2024(6) dt.11-09-2024 3/4
recorded twice at paragraphs-3 & 31 of the case diary and both the statements made in these two paragraphs are contradictory to each other. In paragraph-3, Jagdish Chouhan did not say that he saw the petitioner, Mantu Rai with the deceased whereas in paragraph-31 of the case diary, he stated that he had seen the petitioner Mantu Rai with his father. The informant is his own brother but the informant did not mention this thing in his fardbeyan. Learned counsel has submitted that it has been detected during course of investigation that the deceased had an altercation with his sons prior to the occurrence as they were not happy with alienation of the property by the deceased in favour of Manoj Gupta.
Patna High Court CR. MISC. No.17146 of 2024(6) dt.11-09-2024 4/4
let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 274 of 2023 subject to the condition that the petitioners shall cooperate with the trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
1 provisions across 1 enactments
Mantu Rai
The State of Bihar
Prashant Rai
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
