Wakil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2637 of 2018 Arising Out of PS. Case No.-241 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Wakil Ray S/o Late Jagarnath Rai, R/o Village- Karinga, Musehari, P.S.- Chapra Muffasil, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 31.10.2017 in connection with Chapra Muffasil P.S. Case No. 241 of 2017 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her son, Dipak Rai went on a telephone call of Shrawan Bhaiya and later his dead body was found in a field. The informant alleged that one Binod Rai along with petitioner, who had given threatening earlier to the informant's son, must have killed her son.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court Cr.Misc. No.2637 of 2018(3) dt.16-02-2018 2/2 has been falsely implicated on the basis of suspicion. He submits that there is no eye-witness to the alleged occurrence and that charge-sheet has already been submitted. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran in connection with Chapra Muffasil P.S. Case No. 241 of 2017, subject to the condition that:

(1) Both the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T