Prinsh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57589 of 2015 Arising Out of PS.Case No. -322 Year- 2015 Thana -PIRO District- BHOJPUR ====================================================== Prinsh Rai, s/o Late Haresh Rai @ Mallu Rai, r/o- Terah, P.S.- Agiaon, Distt.- Bhojpur, .... .... Petitioner

Versus

State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Piro P.S. Case No. 322/2015 registered under Sections 302, 201/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the FIR that the informant Sukdev Singh, uncle of the deceased Ashok Singh is not an eyewitness of the occurrence, rather he came to know about the fact from others that the deceased Ashok Singh was assaulted by the petitioner and other named accused and they threw the dead body in Badhar. The police recorded the confessional statement of Krishna Singh after 28 days of the occurrence in which he admitted that the deceased was doing work of labourer at his tea

Patna High Court Cr.Misc. No.57589 of 2015 (3) dt.18-02-2016 2/2 stall who used to take ganja and was of ill mental health. It is submitted that shop of Krishna Singh and co-accused Kanhaiya Singh is situated adjacent to each other and due to ulterior motive Krishna Singh managed to implicate the petitioner who is labourer at the shop of accused Kanhaiya Singh. Further submission is that the police has submitted charge-sheet in this case. The petitioner, having no criminal antecedent, is in custody since 10.09.2015. Having regard 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 322/2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J.) Rakhi U T