Patna High CourtCR. MISC./43988/2015bail granted

Baij Nath Rai @ Satish Kumar v. The State Of Bihar

2016-01-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43988 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -BRAHMPUR District- BUXAR ======================================================

1. Baij Nath Rai @ Satish Kumar son of Ramadhar Rai, resident of villageKosdihra, P.S. Sandhesh, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It would appear that an unidentified dead body was recovered and after that first information report was lodged against unknown persons.

Subsequently, in course of investigation, one Ramawati Devi claimed herself to be daughter in law of the deceased and stated that deceased had come from Gujarat on the invitation of the petitioner who happens to be relative of the deceased and there was land dispute between petitioner and deceased. The above stated statement has been corroborated by some other witnesses and call details were also collected by the police. So even if the evidence collected by the investigating agency assumed to be true, then also, it is a case of

Patna High Court Cr.Misc. No.43988 of 2015 (3) dt.04-01-2016 2/2 circumstantial evidence and only suspicion has been raised against the petitioner.

Considering 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, Buxar in connection with Brahampur P.S. Case No. 103 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T