Patna High CourtCR. MISC./33911/2016bail granted

Ajay Rai v. The State Of Bihar

2016-08-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.33911 of 2016 (3) dt.22-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33911 of 2016 Arising Out of PS.Case No. -511 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Ajay Rai Son of Shri Ramadhar Rai resident of village - Natwar Semaria, P.S. Revelganj, District - Saran at Chapra ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 22.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302, 120/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the first information report but in course of investigation, one chaukidar suspected the involvement of the petitioner in the present crime and after that mobile phone of the petitioner was put in surveillance and it came to light that the petitioner was in constant touch with co- accused Bipin Singh and others. Petitioner was arrested and made his confessional statement disclosing the manner in which deceased was killed. Apart from this, petitioner carries criminal antecedent of near about seven cases. Submission on behalf of the petitioner is that so-called confessional statement of the petitioner is nothing but only high handedness of the police and, as a matter of fact, petitioner had never

Patna High Court Cr.Misc. No.33911 of 2016 (3) dt.22-08-2016 made any confessional statement before police. It is further submitted that co- accused Bipin Singh and Abhimanyu Singh have already been granted the privilege of bail by a coordinate bench of this court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate II, Saran at Chapra in Marhourah (Gaura O.P) P.S. Case no. 511/2015. shahid (Hemant Kumar Srivastava,J) U T