Chulhai Rishi @ Chulai Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35598 of 2016 Arising out of P.S. Case No. - 418 Year - 2015 Thana - KRITYANAND NAGAR District - PURNIA ====================================================== Chulhai Rishi @ Chulai Rishi, Son of Sri Janardan Rishi, Resident of Village Balughat P.S. K.Nagar, District Purnea .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the Opposite Party : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 07.09.2015 in connection with Sessions Trial No. 551 of 2015/Trial No. 638 of 2015 arising out of K. Nagar P.S. Case No. 418 of 2015 for the offences instituted under Sections 302/34 of the Indian Penal Code.

The prosecution story, in brief, is that the petitioner and other co-accused in drunken condition used to come at the house of the informant making noise and for that the petitioner and other co-accused were asked not to come at the house, resulting, they have caused threats to the husband of the informant and it appears that they have killed the husband of the informant. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.35598 of 2016 (3) dt.24-10-2016 2/2 the petitioner is in custody since 07.09.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. Merely on the basis of suspicion, petitioner has been made accused in the present case. There was no other substantive evidence to suggest his implication in the present case. Other co-accused, namely, Dhaniram Maraiya @ Rajendra Maraiya has been granted bail by a co-ordinate Bench of this Court vide order dated 18.03.2016 passed in Cr. Misc. No. 3978 of 2016.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned 4th Additional District & Sessions Judge, Purnea in connection with Sessions Trial No. 551 of 2015/Trial No. 638 of 2015 arising out of K. Nagar P.S. Case No. 418 of 2015.

Kundan (Sudhir Singh, J.) U T