Patna High CourtCR. MISC./57332/2015bail granted

Banar Rai @ Nagendra Rai @ Banar v. The State Of Bihar

2016-02-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57332 of 2015 Arising Out of PS.Case No. -373 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Banar Rai @ Nagendra Rai @ Banar Son of late Udan Rai Resident of Village- Mahua Mukundpur, Ps Mahua, District Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anand Prakash, Advocate For the Opposite Party/s : Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mahua P. S. Case No. 373 of 2015 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been contended that the petitioner is named in the FIR. The informant of the present case is not an eye witness to the occurrence. The allegations are based on wild suspicion and even during the course of investigation, no witness has come forward to say that the petitioner had committed the murder of the brother of the informant.

Learned counsel for the State concedes that apart from

Patna High Court Cr.Misc. No.57332 of 2015 (3) dt.05-02-2016 2/2 circumstantial evidence, there is no other material to connect the petitioner with the alleged occurrence. He has submitted that there are hearsay witnesses who have supported that prior to the occurrence, the petitioner had threatened the brother of the informant with dire consequences.

Regard being had to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P. S. Case No. 373 of 2015.

(Ashwani Kumar Singh, J.) Kanchan/- U T