Chabbu Rai @ Chhavwu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6061 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Chabbu Rai @ Chhavwu Ray Son of- Jugeshwar Rai Resident of villageDarha Hari Singh p.s.-bakhari district-begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 324, 302, 201/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that in the backdrop of land dispute, son of the informant was shot dead by accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 17-09-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The name of the petitioner surfaced in this case merely on the basis of suspicion. Except

Patna High Court CR. MISC. No.6061 of 2019(4) dt.25-04-2019 2/2 for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Neither there is any eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Begusarai in connection with Bakhari P.S. Case No. 181 of 2018.

(Sudhir Singh, J) A.K.V.//- U T