Shashi Rai @ Sashi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48045 of 2019 Arising Out of PS. Case No.-442 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SHASHI RAI @ SASHI RAI Son of Basudeo Ray @ Baldev Rai R/VBangra Rupauli, P.S.- Musarigharari, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code. Prosecution case, in short, is that a dead body of Jagadish Sahni was found near Bhamrupur, which was identified by Kamil Devi. The local Mukhiya disclosed that Jagadish Sahni is alive. It is further stated that the accused persons committed murder of Md. Javed by pressing his neck and in order to conceal evidence his dead body was thrown near the jamuari river.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.06.2018. Charge sheet has

Patna High Court CR. MISC. No.48045 of 2019(3) dt.27-09-2019 2/2 been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on confessional statement of co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 Additional Sessions Judge 1st, Samastipur in connection with S.T. No.522 of 2018 arising out of Samastipur (Muffasil) P.S. case No.442 of 2017.

(Sudhir Singh, J) Narendra/- U T