Jay Shankar Rai @ Jaishankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39109 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== JAY SHANKAR RAI @ JAISHANKAR KUMAR Son of Shivji Rai Resident of Village - Fatehpur, P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr. Udbhav For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 31/2019, instituted for offence under Section(s) 302, 328 and 201/34 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence petitioner along with co-accused Suraj Rai came to the Darwaja of informant and after half an hour took his son on their motorcycle. It is further alleged that in the night at about 8:00 P.M. Suraj Rai and Raj Kumar Rai came on another motorcycle on which son of informant was sitting in middle. The accused persons laid him down on the Bathan of informant situated at some distance of his house and fled away.

Patna High Court CR. MISC. No.39109 of 2019(4) dt.20-08-2019 2/2 Post-mortem report is available in case diary, wherein doctor has found no injury on the person of deceased. Viscera has been preserved.

Learned counsel for petitioner has submitted that besides last seen there is no allegation of overt act against this petitioner.

Petitioner is in custody since 12.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Judicial Magistrate 1st Class, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 31/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T