Gopal Ray And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42536 of 2017 Arising Out of PS. Case No.-215 Year-2016 Thana- PIPRA District- East Champaran ====================================================== 1.

Gopal Ray, Son of Late Bujhawan Ray, Resident of VillageHasanpur, Jado Tola, P.S.- Pipra, District- East Champaran. 2.

Raushan Yadav alias Raushan Rai, Son of Jagdish Rai, Resident of Village- Tharghatwa, P.S.- Muffasil Motihari, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the State :

Mr. KALYAN SHANKAR, APP For Informant :

Mr. Sangeet Deokuliar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners seek bail in a case instituted under Sections 302 and 120B/34 of the I.P.C.

Allegation against the accused persons including the petitioners is of committing murder of the brother of the informant.

It has been submitted on behalf of the petitioners that the petitioner No.1 is in custody since 24.3.2017 and petitioner No.2 is in custody since 21.12.2016 and have got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.42536 of 2017(2) dt.20-09-2017 2/2 petitioners. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioners except the confessional statement of the coaccused. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra P.S. case No.215 of 2016.

(Sudhir Singh, J) Narendra/- U T