Sipahi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38211 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== 1.

Sipahi Rai Son of Sri Durga Rai Resident of Village - Salempur, P.S.- Lalganj, Distt.- Vaishali.

2.

Santan Rai Son of Durga Rai Resident of Village - Salempur, P.S.- Lalganj, Distt.- Vaishali.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Ms. Bela Singh, Advocate For the State :

M/s. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Lalganj P.S. Case no. 04 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated that the informant received information on mobile phone that his brother had been done to death by the seven named accused persons including the two petitioners herein as also one Santosh Rai.

Patna High Court CR. MISC. No.38211 of 2020(3) dt.09-03-2021 2/3 Subsequently, the clothes as also the dead body of the informant's brother was recovered.

It is submitted by learned counsel for the petitioners that there is no eye witness to the occurrence. Except the suspicion having been raised by the informant, no material has transpired in course of investigation to implicate the petitioners. The petitioners who have no criminal antecedent are in custody since 02.06.2020 and their case stands on a similar footing to that of co-accused Santosh Rai who has been enlarged on bail vide order dated 02.02.2021 passed in Cr. Misc. No. 37055 of 2020.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials that has transpired in course of investigation together with the petitioners being in custody since 02.06.2020 and grant of bail to co-accused, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Lalganj P.S. Case No. 04 of 2020 on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38211 of 2020(3) dt.09-03-2021 3/3 satisfaction of the learned Additional Chief Judicial MagistrateIX, Vaishali at Hajipur. (Partha Sarthy, J) shahzad/- U T