Patna High CourtCR. MISC./35113/2016bail granted

Bipin Kumar Rai @ Bipin Kumar And ANR. v. The State Of Bihar

2016-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35113 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Bipin Kumar Rai @ Bipin Kumar

2. Ganaur Rai, Both are sons of Budhu Rai, Both are Resident of VillageMirzapur, P.S.- Patori, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302 and 201/34 of the I.P.C. Allegation is that the petitioners and two unknown persons committed murder of the son of the informant, namely, Chhotu Kumar.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 18.5.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been made accused in the present case. It is a case of last seen. There is no substantive evidence to suggest the implication

Patna High Court Cr.Misc. No.35113 of 2016 (3) dt.20-10-2016 2/2 of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. case No.58 of 2016.

(Sudhir Singh, J) Narendra/- U T