Tuesday, May 20, 2025

Justices Sourendra Pandey and Sandeep Kumar grant regular bail to Rajan Rai and Bhola Ray who are "accused of killing deceased by pressing his neck"

In Rajan Rai vs. The State of Bihar (2025), Justice Sourendra Pandey of Patna High Court granted regular bail to the petitioner who faces the allegation that on March 12, 2024 while laying the pipe for watering his field there was scuffle between the accused persons and Gabbar Ray, the informant at 5.30 PM, the named accused persons including Rajan Rai, the petitioner "are said to have assaulted the informant and his parents, wife and his sister-in-law with lathi and danda. It is further alleged in the FIR that the petitioner and Bhola Rai had assaulted the father of the informant by bricks and danda and they also pressed the neck of the father of the informant who died on the spot." The petitioner's counsel drew the attention of the Court towards the post-mortem report wherein "ante-mortem injury was only 'abrasion on both knee of size 1/2" x 1/2' and the Doctor has reserved the opinion regarding cause of death..." The order recorded that the petitioner has three criminal antecedents and he was in custody since December 3, 2024. 

The Additional Public Prosecutor for the State vehemently opposed the prayer for bail of the petitioner. He submitted that there is specific allegation against the petitioner to have assaulted the informant and his parents, wife and his sister-in-law with lathi and danda as such he should not be released on bail. Justice Pandey's order dated May 13, 2025 reads:"Considering the aforesaid submissions of respective counsel and taking into account the fact that the post-mortem report does not support the allegations levelled against the petitioner and the petitioner is in custody since 03.12.2024, the petitioner above named, is directed to be released on bail..."

In Bhola Ray @ Bhola Kumar vs. The State of Bihar (2025), Justice Sandeep Kumar of Patna High Court granted bail to the petitioner who is "accused of killing deceased by pressing his neck" and by beating Sobhan Ray, the deceased using bricks and sticks and  him with on March 12, 2024 at 5.30 PM. The police station received information at 11.45 PM.

The case arose out of a  case of 2024 registered in Awtarnagar Thana, Saran. The FIR was registered against eight persons, namely Lalita Devi, Rajan Rai, Suresh Rai, Bhola Ray, Ramesh Rai, Rajiv Rai, Gyanti Devi and Rajeshwar Rai on March 13, 2024. Bhola Ray and Rajan Ray are directly accused in the FIR. Justice Kumar's order dated May 14, 2025 recorded that the petitioner was in custody since December 3, 2024.

The petitioner's counsel had submitted that "the post-mortem report does not support the allegations as alleged in the FIR." The Additional Public Prosecutor for the State vehemently opposed the prayer for bail of the petitioner. The order reads: Considering the facts and circumstances of the case as well as the submission of the learned counsel for the petitioner, this application for regular bail is allowed."

The trial of both the murder accused persons is pending before the Judicial Magistrate, 1st Class, Saran at Chhapra.

 

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