Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11696 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -JANTA BAZAR District- SARAN ====================================================== Pappu Rai, Son of Rameshwar Rai, resident of Village- Khurd Lauwan, Police Station- Janta Bazar, District- Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Janta Bazar P.S. Case No. 64 of 2016 registered for the offences punishable under Sections 364/34 of the Indian Penal Code but later on modified as under Section 302/201 of the Indian Penal Code.

The allegation against this petitioner is that he along with other co-accused kidnapped the son of the informant and killed him.

Learned counsel for the petitioner submits that the petitioner has been named in the F.I.R. on the basis of suspicion as he is the agnate of the informant's husband and the land

Patna High Court Cr.Misc. No.11696 of 2017 (2) dt.08-03-2017 2/2 dispute is going on between them. Learned counsel for the petitioner further submits that similarly situated co-accused have already been allowed bail vide order dated 24.11.2016 and 20.02.2017 passed in Criminal Miscellaneous No. 41689 of 2016 and 1187 of 2017 by another co-ordinate Bench of this Court. The petitioner is in custody since 20.12.2016 having no criminal antecedent. The case of this petitioner stands on similar footing and so he also deserves bail. Learned APP for the State, on the other hand, opposed the submission of bail.

Considering the nature of allegation against the petitioner and the fact that similarly situated co-accused are enjoying the privilege of bail, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Chapra, District-Saran in connection with Janta Bazar P.S. Case No. 64 of 2016. (Sanjay Kumar, J) ajaypd./- U T