Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62596 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Munna Rai, s/o Mahendra Rai, r/v-Chamtha Chakki, P.S.- Bachhwara, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.T. no. 470/2018, arising out of Bachhwara P.S. Case No. 60/2018, instituted under Sections 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of Arms Act.

It is alleged in the written report that on the date of occurrence at about 9 P.M. this petitioner along with Chamru Rai (deceased) had gone to their field for guarding the crop. It is alleged that on the same night at about 11.45 P.M., the petitioner returned back and informed the informant that his elder brother was shot dead. Petitioner told that miscreants had also opened fire upon him but he managed to run away. Thereafter, informant along with co-villagers reached at the place of

Patna High Court Cr.Misc. No.62596 of 2018(3) dt.20-11-2018 2/3 occurrence and found dead body of his brother sustaining 4 to 5 firearm injuries.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. He is in custody since 03.04.2018. Petitioner is not named in the written report. His name has come during investigation merely on suspicion. It is further submitted that other F.I.R. named accused persons have already been granted bail by Co-ordinate Benches of this Court in Cr. Misc. Nos. 34858/2018 dated 14.08.2018 and 34324/2018 dated 23.07.2018.

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 Addl. District & Sessions Judge VIth, Begusarai in connection with S.T. No. 470/2018, arising out of Bachhwara P.S. Case No. 60/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) rakhi U T

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