Patna High CourtCR. MISC./43975/2017allowed

Suresh Rai v. The State Of Bihar

2017-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43975 of 2017 Arising Out of PS.Case No. -171 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Suresh Rai son of Late Yogenra Rai, Resident of Village- Naraha, P.S. Rajepur, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Rajepur P.S. Case No. 171 of 2015, for the offence registered under Section 397 of the Indian Penal Code and subsequently added Section 395 of the Indian Penal Code.

Counsel for the petitioner submits that the case was registered against 15-20 unknown persons. Despite the fact that the petitioner was arrested on 04.05.2017 the petitioner was not put on test identification parade and it is further submitted that similarly situated accused Shyam Sundar Paswan has been granted bail vide order passed in Cr. Misc. No. 24832 of 2017 on 23.06.2017 and Arun Sahani has been granted bail vide order

Patna High Court Cr.Misc. No.43975 of 2017 (2) dt.20-09-2017 passed in Cr. Misc. No. 41556 of 2017 on 08.09.2017. Considering the facts that the petitioner was not put on test identification parade and the case was registered against unknown and similarly situated accused have been granted bail, 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 SubDivisional Judicial Magistrate, Sadar, East Chamapran at Motihari in Rajepur P.S. Case No. 171 of 2015, subject to the conditions that one of the bailors should be the close relative of the petitioner, the petitioner will extend full cooperation in conclusion of trial and will not tamper with the evidence of influence the witnesses. (Anil Kumar Upadhyay, J) KKSINHA/- U T