Patna High CourtCR. MISC./5812/2020allowed

Pappu Rai v. The State Of Bihar

2020-05-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5812 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== PAPPU RAI, Son of Bipat Rai, Resident of Village- Saifpur, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Ganga Bridge P.S. Case No. 176 of 2019 for the offence under Sections 302/34 of the Indian Penal Code.

From the prosecution story, it is evident that the petitioner has been named in this case, as he was seen with the deceased near Pillar no.9 of Ganga Bridge before the date of occurrence.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 10.10.2019. He further submits that no one has seen the occurrence and the petitioner has been made accused only because in 2016, 300 Kg. Ganja was recovered from the possession of the father of the informant and they suspected that

Patna High Court CR. MISC. No.5812 of 2020(3) dt.28-05-2020 2/2 Sanjay Rai (co-accused) has informed the police about the carrying of Ganja and that is the reason, when no clue was found about killing of the deceased, the petitioner has been falsely implicated in this case.

Considering the fact that the petitioner has got no criminal antecedent and there is no eye witness to the occurrence, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 176 of 2019.

(Anil Kumar Upadhyay, J) uday/- U T