Sahdev Rai @ Sahdev Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34664 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- PATORI District- Samastipur ====================================================== 1.

SAHDEV RAI @ SAHDEV RAY S/O LATE SEBAK RAY R/V - TELGAMA, P.S. - PATORI, (MOHANPUR O.P.), DISTRICT - SAMASTIPUR 2.

SUJEET RAI @ SUJEET KUMAR RAI @ SUJIT RAY S/O SAHDEV RAY R/V - TELGAMA, P.S. - PATORI, (MOHANPUR O.P.), DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons under a conspiracy committed murder of the husband of the informant and disposed of his dead body.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.34664 of 2020(2) dt.18-01-2021 2/2 the petitioners are in custody since 5.7.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The petitioners happen to be father and brother of the deceased. Subsequently, the wife of the deceased has filed an application in the Court below where she has retracted from her earlier statement in the F.I.R. The same is Annexure-2 to the present application. After investigation, the police submitted charge-sheet under section 306 IPC. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, 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 learned A.C.J.M. 4th Samastipur in connection with Shahpur Patory P.S. Case No. 22 of 2020.

(Sudhir Singh, J) Pankaj/- U T