Patna High CourtCR. MISC./39246/2015bail granted

Bipin Rai v. The State Of Bihar

2015-10-09Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.39246 of 2015 (4) dt.09-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39246 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -MOKAMAH District- PATNA ====================================================== Bipin Rai, S/o Tripit Rai, R/o Village- Mekra, P.S.- Mokama, DistrictPatna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra For the Opposite Party : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 30.07.2014 in a case instituted under Sections 364, 302, 201 and 34 of the Indian Penal Code.

As per allegation, it is a case of murder of informant's son, namely, Gulla Rai by the accused persons due to land dispute. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.07.2014. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioner. As per prosecution case, it is a case of last seen. There is no eye witness to the alleged occurrence nor there

Patna High Court Cr.Misc. No.39246 of 2015 (4) dt.09-10-2015 any circumstantial evidence to suggest the implication of the petitioner. The co-accused have been granted bail by this Court vide Cr.Misc.No.52226 of 2014 and Cr.Misc.No.30635 of 2015. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, 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 Shri Ashutosh Kumar, Judicial Magistrate, Ist Class, Barh, Patna in connection with Mokama P.S.Case No.39 of 2014.

(Sudhir Singh, J) B.Kr./- U T