Patna High CourtCR. MISC./12054/2015bail granted

Dilip Rai @ Dilip Kumar Rai v. The State Of Bihar

2015-06-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12054 of 2015 (4) dt.26-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12054 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Dilip Rai @ Dilip Kumar Rai S/o Harendra Rai R/o Village- Tajpur, P.s.+ District- Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s Mr. B.M.P Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 26.06.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel appearing for the informant.

Petitioner apprehends his arrest in connection with Sheohar P. S. case no. 190/2014 registered under section 302 of the Indian Penal Code.

First information report was lodged against unknown person when dead body of the deceased was recovered on road. In course of investigation, it came to light that the petitioner and others along with the deceased had taken wine prior to recovery of the dead body. The contention on behalf of the petitioner is that the deceased met an accident as a result thereof, he died on the spot and that was the reason, dead body and motorcycle was found on the road and all belongings of the deceased were found intact. Learned counsel appearing for the informant submits that no

Patna High Court Cr.Misc. No.12054 of 2015 (4) dt.26-06-2015 doubt, no one saw the actual killing of the deceased but circumstantial evidence points out finger towards the petitioner. From perusal of the post mortem report of the deceased, I find that several injuries were found on the person of the deceased but all the injuries were found on right side which, prima facie, support the theory of accident.

Accordingly, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar in Sheohar P. S. case no. 190/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T