Anil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52188 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -KIHIRI MORE District- PATNA ====================================================== Anil Rai, Son of Umesh Rai, resident of village- Madaripur, P.S.-Khiri More, District- Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Khiri More P.S. Case No. 42 of 2015 registered under Sections 302, 120-B and 201 read with 34 of the Indian Penal Code.
It is contended that the FIR was registered against four persons, namely, Sunil Kumar, Anil Rai, Umesh Rai and Anita Devi. The informant of the case is not an eye-witness to the occurrence. He has instituted the FIR on the basis of suspicion. Two of the co-accused, namely, Anita Devi and Umesh Rai have already been granted anticipatory bail by a
Patna High Court Cr.Misc. No.52188 of 2015 (2) dt.10-11-2015 2 / 2 Bench of this Court vide a common order dated 30th October, 2015 passed in Cr. Misc. No. 45819 of 2015 and 49792 of 2015. A web copy of the aforesaid order dated 30.10.2015 has been produced by the learned counsel for the petitioner in course of the argument. Let the same be kept on record. Learned counsel for the State concedes that the case of the petitioner stands on identical footing to that of co-accused Anita Devi and Umesh Rai.
Regard being had to the facts and circumstances of the case and reasons assigned in aforesaid order dated 30.10.2015, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur, Patna in connection with Khiri More P.S. Case No. 42 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T