Hemant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14381 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Hemant Rai Son of Late Raj Kumar Ram Resident of Village- Chamtha Gop Tola, P.S.-Bachhwara, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of murder is against unknown. Name of the petitioner surfaced during investigation and the petitioner made confessional statement before the police while in police custody.

Submission is that the petitioner was not put on Test Identification Parade nor any witness claims to have seen the petitioner at the time of occurrence or before the occurrence. Investigation of the case is already complete. The petitioner is in custody since 26.08.2020.

Patna High Court CR. MISC. No.14381 of 2021(3) dt.29-09-2021 2/2 Considering lack of sufficient material against the petitioner for further detention as under-trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bachhwara P.S. Case No. 83 of 2020 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T