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Patna High CourtCR. MISC./80388/2018allowed

Dulare Rai @ Dulare Mahto @ Dular Rai @ Dular Mahto v. The State Of Bihar

2019-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80388 of 2018 Arising Out of PS. Case No.-853 Year-2017 Thana- BANKA District- Banka ====================================================== Dulare Rai @ Dulare Mahto @ Dular Rai @ Dular Mahto son of Suresh Mandal @ Suresh Mahto Village - Bhikanpur Gumti No. 12, P.S. Ishakchak, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Banka P.S. Case No. 853 of 2017 for the offence under section 302 of the Indian Penal Code but charge-sheet has been submitted under sections 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. He was not named in FIR. His name was surfaced subsequently from a close spy. Considering the fact that petitioner has no criminal antecedent and he was not named in the FIR and he has remained in custody for nearly a year, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.80388 of 2018(2) dt.04-02-2019 2/2 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Sessions Trial No. 204/18, arising out of Banka P.S. Case No. 853 of 2017.

(Anil Kumar Upadhyay, J) Ravi/- U T