Om Prakash @ Om Rai @ Om Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38443 of 2019 Arising Out of PS. Case No.-252 Year-2017 Thana- GOPALPUR District- Patna ====================================================== OM PRAKASH @ OM RAI @ OM PRAKASH RAI Son of Late Babulal Rai Resident of Village-Kurkuri, P.S.-Phulwarisharif, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Gopalpur P.S. Case No. 252/2017, instituted for offence under Section(s) 302, 201 of the Indian Penal Code.

It is alleged in the Fardbeyan that on getting information that a dead body is lying in the Paeen situated at Kamtachak Bazar near Rukmini Ektapuram Apartment, the police party reached at the place of occurrence and found dead body of a youth lying in drain, whose left hand was fixed with needle used for saline dripping and bandage was found below his belly. Learned counsel for the petitioner has submitted that F.I.R. is against unknown. Name of this petitioner has subsequently come in the Fardbeyan given by wife of deceased, merely on suspicion. There is no allegation of any specific overt

Patna High Court CR. MISC. No.38443 of 2019(2) dt.27-06-2019 2/2 act against this petitioner.

Learned Addl. Sessions Judge XVIII, Patna has mentioned in the impugned order that in para 21 of case diary, there is statement of wife of deceased. She has stated in her statement that petitioner and co-accused Rakesh Sharma are covillagers of her husband (since deceased). The petitioner had arranged contract work for her husband for doing electric work in the house of Rakesh Sharma. She has further stated in para 21 of case diary that petitioner had told her Jaut, namely, Anil Kumar not to drag his name if any untoward incident happens with his uncle (deceased).

Petitioner is in custody since 23.04.2019.

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 Chief Judicial Magistrate, Patna, in connection with Gopalpur P.S. Case No. 252/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T