Kashi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20768 of 2019 Arising Out of PS. Case No.-175 Year-2007 Thana- TURKAULIYA District- East Champaran ====================================================== Kashi Rai Son of Late Bhagwan Rai Resident of Village - Amwa, P.S.- Turkauliya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Opposite Party/s :

Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 328,302 of the Indian Penal Code.

According to FIR, the informant came to know that her son-Anchit Rai was lying by the side of the road. The informant and the family members went thereat and brought Anchit Rai to his house. Anchit Rai disclosed that petitioner had administered poison to him after committing assault against him.

Learned counsel for the petitioner submits that the concocted FIR is there because the witnesses, who had seen

Patna High Court CR. MISC. No.20768 of 2019(3) dt.11-06-2019 2/2 the victim lying by the side of the road, have stated that the victim was not in a condition to speak to anyone nor the victim stated anything to the person available there. Petitioner is in custody since 29.09.2018. Investigation of the case is already complete. Petitioner has got no criminal antecedent. Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkaulia Police Station Case No.175 of 2007, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T