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Patna High CourtCR. MISC./12227/2024bail granted

Jay Jay Rai @ Jai Jai Kumar v. The State Of Bihar

2024-04-18Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10806 of 2024 Arising Out of PS. Case No.-572 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Md. Sabir Anwar @Md. Sabir Alam Son Of Md. Anwar Alam Resident Of Village- Anwarpur, Ps- Town Hajipur, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12227 of 2024 Arising Out of PS. Case No.-572 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Jay Jay Rai @ Jai Jai Kumar S/O Ram Naresh Rai R/O Village- Kutubpur, Sahidpur, Ward O. 15, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 10806 of 2024) For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 12227 of 2024) For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Upendra Prasad Singh, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-04-2024 Ref:- Cr. Misc. No. 10806 of 2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case

2/4 registered for the offence under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the deceased was threatened on the day of marriage with a mobile phone which was sold by the petitioner on the basis of false documents.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence and the petitioner is in jail since 01.10.2023.

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

6. Considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 the learned J.M.F.C., Vaishali at Hajipur/concerned Court below in connection with Bidupur P.S. Case No. 572 of 2023 subject to condition that:- 7(i). The petitioner will mark his attendance at the Hajipur Town Police Station on the first Sunday of each month.

Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

3/4

8. This application stands allowed.

Ref:- Cr. Misc. No. 12227 of 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 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the deceased was killed by unknown criminals. The deceased was earlier also threatened by someone on phone not to marry the girl with whom he had got married.

4. Learned counsel for the petitioner submits that petitioner is the brother in law (Sala) of the deceased and the petitioner is in custody since 01.10.2023.

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

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

7. Let the petitioner, above named, 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 the learned C.J.M., Hajipur, Vaishali/concerned Court below in

4/4 connection with Bidupur P.S. Case No. 572 of 2023.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T