Chhote Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.37535 of 2015 (3) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37535 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -PATNA GRP CASE District- PATNA ====================================================== Chhote Rai S/o Shiv Rai Resident of Village - Sabajpura, Police Station - Phulwarisharif, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nagmani Kumar For the Opposite Party : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 24.12.2014 in a case instituted under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

As per allegation that on 19.12.2014 the father of the informant went from his house who did not return till late night. On being searched the informant came to know that his father along with petitioner and other accused persons had drunk wine in the Bhatthi and taking two pouches wine they went out from the Bhatthi and in the newspaper the informant went to Rail P.S. Danapur and saw the dead body of his father was lying. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.37535 of 2015 (3) dt.06-10-2015 the petitioner is in custody since 24.12.2014. Chargesheet has been submitted in the case. Petitioner has been named in the FIR merely on the basis of the suspicion. Except suspicion, there is no other material to suggest the implication of the petitioner. On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioner is named in the FIR and prior to the occurrence he was last seen with the deceased.

Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna in connection with G.R.P. Danapur P.S.Case No.60 of 2014.

(Sudhir Singh, J) B.Kr./- U T