Shailesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5140 of 2015 Arising Out of PS.Case No. -214 Year- 2014 Thana -MANER District- PATNA ====================================================== Shailesh Rai, Son of Late Parmeshwar Rai alias Premchand Rai, Resident of Village - Lodipur Bagicha, Police Station - Maner, District - Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gautam Kumar Yadav, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-02-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody since 21.06.2014 in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 3 (i) (x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. The allegation against the petitioner is that the petitioner and two others came to the house of the informant and asked about the deceased Upendra and they were telling that if Upendera would not pay Rs. 1,000/- cost of wine, he would be killed within two days. It is further alleged that on 11.06.2014 Upendea had gone to work and did not return and on 12.06.2014, an information was received that his dead body was lying near the National Highway.
It is submitted that no one has seen the petitioner with
Patna High Court Cr.Misc. No.5140 of 2015 (3) dt.26-02-2015 the deceased only suspicion has been raised and after investigation charge sheet has already been submitted. There is no chance of tampering with the evidence. The petitioner has no criminal antecedent.
Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 Smt. Anupam Kumari, the learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner Police Station Case No. 214 of 2014 with the following conditions:
1. One of the bailors will be the close relative of the petitioner.
2. The petitioner will not indulge in similar or in any other offence.
3. The petitioner will be well represented in the court.
4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J.) Vats/- U T