Brijesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49487 of 2014 Arising Out of PS.Case No. -210 Year- 2013 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Brijesh Rai, S/O Shiv Lal Rai, Resident of Village - Barwa Bakhari, P.SKalayan Pur, District-East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Trial No.1153 of 2014, arising out of Kalyanpur P.S. Case No.210 of 2013 registered under Section 394 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that it is itself clear from the F.I.R. that the petitioner alongwith others were identified and named by Jadolal Rai and Chintu Kumar, who are the resident of neighbouring village of the petitioner and others and they disclosed their name to the informant due to grudge. It is also submitted that nothing incriminating has been recovered from the possession of the
Patna High Court Cr.Misc. No.49487 of 2014 (2) dt.03-03-2015 2/2 petitioner. The petitioner having no criminal antecedent is in custody since 26.05.2014 and while the informant has claimed to identify the culprits on seeing them again but the petitioner was not put on T.I. Parade.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri V.K. Choudhary, Judicial Magistrate, First Class, Sadar Motihari, East Champaran, in connection with Trial No.1153 of 2014, arising out of Kalyanpur P.S. Case No.210 of 2013. Out of the two sureties, one must be either parents or close relative of the petitioner.
(Rajendra Kumar Mishra, J) P.S./- U T