Bhishma Rai @ Bhishma Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24103 of 2021 Arising Out of PS. Case No.-835 Year-2019 Thana- SONEPUR District- Saran ====================================================== BHISHMA RAI @ BHISHMA KUMAR RAI SON OF SURENDRA RAI @ PATTHAL RAI R/O VILLAGE- MURTHAN, P.S.- SONEPUR, DISTRICTSARAN AT CHAPRA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his brother was killed and the petitioner along with other accused persons were seen with the victim in the market. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant is not an eye-witness to the occurrence and only based on suspicion he has levelled
Patna High Court CR. MISC. No.24103 of 2021(4) dt.21-06-2022 2/2 allegation against the petitioner, it is next submitted that similarly situated co-accused has been granted bail vide order dated 19.01.2022 in Cr. Misc. No. 3445 of 2021 (Bikku Kumar). Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and in the nature of allegations as alleged and also the fact that co-accused has been granted bail, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonepur P.S. Case No. 835 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T