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Patna High CourtCR. MISC./37867/2021bail granted

Rupesh Rai v. The State Of Bihar

2022-01-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37867 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Rupesh Rai Son of Vaistha Rai Resident of Village Harsidhi Pakadiya, Ward No. 15, P.S. Harsidhi, District East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priyanka Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Harshiddhi P.S. Case No. 135 of 2020, registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code. It is a case of triple murder in which suspicion has been raised against this petitioner and other co-accused persons who are agnates of the deceased on the ground that they were having litigation and pressuring the deceased to compound the case lodged against Manoj Singh.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence and has not seen any part of the occurrence. Petitioner has been made accused in the case merely on suspicion because the family of petitioner has got old animosity with the deceased. There is no direct or

Patna High Court CR. MISC. No.37867 of 2021(3) dt.17-01-2022 2/2 indirect evidence against this petitioner. Moreover, Similarly situated co-accused Renu Devi has been granted bail by this Court vide order dated 31.05.2021 passed in Cr. Misc. No. 37712 of 2020. Petitioner is in custody since 24.04.2020. Considering the facts and circumstances of the case, period of custody and the fact that similarly situated co-accused has already been granted bail, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harshiddhi P.S. Case No. 135 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T