Patna High CourtCR. MISC./28640/2016bail granted

Murlidhar Rai v. The State Of Bihar

2016-07-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28640 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -SAHAR District- BHOJPUR ======================================================

1. Murlidhar Rai, S/o Late Triveni Rai, R/o Village Baruhi, P.S. Sahar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is named in the first information report along with others on the accusation that he as well as others took informant's father and subsequently, informant heard sound of firing and went near the place of occurrence and thereafter, found his father dead lying in pool of blood.

Submission on behalf of the petitioner is that according to prosecution case itself, the alleged occurrence took place in the midnight and there was no source of identification and

Patna High Court Cr.Misc. No.28640 of 2016 (2) dt.19-07-2016 2/2 moreover, the ferdbeyan was recorded in the next morning and no explanation regarding the aforesaid delay has been given. The investigation against the petitioner has already been completed as petitioner is in jail custody since 22.02.2016 and admittedly, no one has seen the actual killing of the deceased. Petitioner does not have any criminal antecedent. Having regard to the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahar P.S. Case No. 21 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T