Allowed¶22

Kauleshwar Rai v. the State of Bihar

Patna HC10 Jan 2025CR. MISC./40015/2024

Case brief

AI extract

What is this about?

Patna High Court; CRIMINAL MISCELLANEOUS No.40015 of 2024; decided 10-01-2025; Justice Ramesh Chand Malviya; regular bail granted; Kauleshwar Rai; The State of Bihar; Chiraiya P.S. Case No. 58 of 2024; East Champaran; Sections 302, 304B, 201/34 IPC; murder; disappearance of dead body; custody since 18.03.2024; omnibus allegation; parity with co-accused; Cr. Misc. No.63187 of 2024; bail bond Rs.10,000/-; two sureties; Judicial Magistrate Ist Class Sikrahana at Dhaka.

What did the court decide?

Regular bail granted on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Sikrahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 58 of 2024. ¶22

Kauleshwar Rai Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40015 of 2024

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Arising Out of PS. Case No.-58 Year-2024 Thana- CHIRAIYA District- East Champaran

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======================================================

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Kauleshwar Rai Son Of Late Birendra Rai @ Banka Rai Resident Of Village - Khoda Baswariya, P.S. - Chiraiya, District - East Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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6 10-01-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is in custody in a case registered for the offence punishable under Sections 302, 304B and 201/34 of the Indian Penal Code.

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As per allegation in the FIR, all the petitioners have committed the murder of the daughter of the informant and disappeared her dead body.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is the brother of the husband( Bhaisur) of the deceased, who is quite innocent and has not committed any offence and there is general and omnibus allegation against him.

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Patna High Court CR. MISC. No.40015 of 2024(6) dt.10-01-2025 2/2

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Petitioner is in custody since 18.03.2024 and he has got clean antecedent as stated in para-3 of the petition. He next submits that similarly situated co-accused has already been granted bail by this Court passed in Cr. Misc. No.63187 of 2024.

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Learned APP for the State opposes the prayer for regular bail of the petitioner.

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In view of the aforesaid facts and circumstances of the case as also the fact that similarly situated co-accused has already been granted bail by this Court, let the above named 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 learned Judicial Magistrate, Ist Class, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 58 of 2024

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Kauleshwar Rai v. the State of Bihar

Case brief

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Kauleshwar Rai v. the State of Bihar

Case brief

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