Patna High CourtCR. MISC./9092/2019bail granted

Binod Rai v. The State Of Bihar

2019-04-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9092 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Binod Rai Son of Rameshwar Rai Residents of Village- Naya Tola Sabnima P.S.- Athamalgola, Dsitrict- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 379, 120(B)/34 of the Indian Penal Code. The prosecution case in short is that the petitioner in conspiracy with the other accused persons kidnapped the husband of the petitioner and committed his murder. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-07-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The informant is not an eye witness to the alleged occurrence. The petitioner has been

Patna High Court CR. MISC. No.9092 of 2019(3) dt.26-04-2019 2/2 falsely implicated in the present case. The name of the petitioner has transpired in the present case merely on the basis of suspicion. There is no eye witness to the alleged occurrence. The other co-accused namely Ashok Rai with similar allegation has been granted bail by a coordinate bench of this court vide order dated 18-02-2019 passed in Cr. Misc. No. 63402 0f 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist, Barh in connection with Sessions Trial No. 729 of 2018 arising out of Athamalgola P.S. Case No. 48 of 2018.

(Sudhir Singh, J) A.K.V.//- U T