Vishwanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33812 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. Vishwanath Rai S/o Late Ramavodhya Yadav Resident of VillageSadawah, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 302/201 of the Indian Penal Code.

As per the prosecution story, the informant (wife of the deceased), saw the blood was fallen near the well and on suspicion she saw in the well and found that the dead body of her husband and when it was pulled out by the assistance of villagers, it was found that the dead-body was badly injured by bricks and stones. Initially, First Information Report was lodged against the unknown but, subsequently, the name of the petitioner cropped up during the investigation of the case.

It has been submitted of behalf of the petitioner that the

Patna High Court Cr.Misc. No.33812 of 2015 (3) dt.05-10-2015 P2/2 petitioner has got no criminal antecedent. Petitioner is in custody since 04.04.2015. Chargesheet has been submitted in the present case. There is no allegation of tempering with the evidence. Petitioner is not named in the First Information Report. Name of the petitioner has come in course of investigation. There is no direct or indirect evidence against this petitioner nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case.

It has been submitted on behalf of the State that petitioner is not named in the First Information Report. Petitioner name has come in course of investigation.

Considering the aforesaid facts and circumstances, the petitioner above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Naubatpur P.S. Case No. 168/2015.

(Sudhir Singh, J) Saif/- U T