Baua Rai @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63599 of 2018 Arising Out of PS.Case No. -263 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Baua Rai @ Santosh Kumar S/o Shri Shankar Rai R/o Yadavchak, P.S. Parsa Bazar, District- Patna, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikhil Kumar Agrawal, Adv. Ms. Aditi Hansaria, Adv.

Ms. Deepika Sharma, Adv.

For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad, APP For the informant : Mr. Sheo Kumar Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 263 of 2017, registered for offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

Allegation as per F.I.R is that petitioner and other accused persons were seen fleeing away from the place of occurrence and, thereafter dead body of the deceased was found strangulated.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case only on the basis of suspicion and except that there is nothing against the petitioner and other co-accused of this case has already been enlarged on bail

by a coordinate Bench of this Court vide order dated 08.03.2018 passed in Cr. Misc. No. 63049 of 2017 and petitioner has no criminal antecedent and has been in judicial custody since 30.07.2018 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below/where the case is pending, in connection with Gaurichak P.S. Case No. 263 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T