Patna High CourtCR. MISC./11797/2018bail granted

Subhash Rai And ANR v. The State Of Bihar

2018-04-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11797 of 2018 Arising Out of PS.Case No. -489 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Subhash Rai, S/o Ramjee Rai,

2. Surya Narain Rai, S/o Late Jagdish Rai, Both are Resident of VillageAmanabad, P.S.- Bihta, District- Patna ..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to FIR, the petitioners and others assaulted to the son of the informant. During assault, the victim fell on an electric wire and died. The postmortem report would reveal that the Doctor has not found any external injury on the person of the deceased rather on dissection of the dead body, injury on the head was noticed which was cause of death.

Submission is that the petitioners are in custody since 28.12.2017. Investigation of the case is already complete. The allegation is general and omnibus and co-accused-Jai Bhagwan Rai having similar allegation has

Patna High Court Cr.Misc. No.11797 of 2018 (4) dt.23-04-2018 already been allowed bail by this Court vide Annexure-2. Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bihta Police Station Case No.489 of 2016 (G.R.No.2257 of 2016), subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T