Patna High CourtCR. MISC./9466/2024bail granted

Barfi Rai v. The State Of Bihar

2024-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9466 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Barfi Rai Son of Kinta Rai R/o vill - Saraipur, P.S. - Gangabridge, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 365, 364, 302, 201/120B of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused are said to have killed the deceased after conspiring together.

4. It appears from the impugned order that except for the confessional statement of the petitioner and other coaccused, no material has been collected by the police against the petitioner.

5. Learned counsel for the petitioner submits that petitioner is very innocent and he is in custody since

Patna High Court CR. MISC. No.9466 of 2024(2) dt.20-02-2024 2/2 28.07.2023. Similarly situated co-accused namely Upendra Rai has been granted bail by a co-ordinate Bench of this court vide order dated 13.12.2023 passed in Cr. Misc. No. 79093 of 2023.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail after framing of charge if the charges have not been framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur/concerned Court below in connection with Gangabridge P.S. Case No. 154 of 2023 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below. (Sandeep Kumar, J) Shishir/- U T