Paramhans Rai @ Pran Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8060 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- KARAHGAR District- Rohtas ====================================================== Paramhans Rai @ Pran Rai aged 45 years, Male, S/o Late Nabalik Rai @ Vishwanath Ray Resident of Village- Tomi, P.S.- Kargahar, Distt- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Sinha,Advocate For the Opposite Party/s :

Smt. Nirmala Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

24-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kargahar P.S. Case No. 24 of 2020, registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith co-accused and some unknown persons took informant's brother with them in the night of 23.01.2020 and on the next day, the dead-body of informant's brother was found from a pond. It is submitted on behalf of petitioner that save & except suspicion, there is no incriminating article against this petitioner. Only material, which has come against the petitioner, is that he was last seen with the deceased. It is further submitted that similarly situated co-accused namely Lavkush Rai and Jay Prakash Rai have already been granted bail by this Court, vide order dated 15.12.2020 in Cr.Misc. No. 29785/2020 and order

Patna High Court CR. MISC. No.8060 of 2021(3) dt.24-06-2021 2/2 dated 03.05.2021 in Cr.Misc. No. 8500/2021 respectively. Petitioner claims clean antecedent and he is in custody since 10.09.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.C.J.M. III, Rohtas, Sasaram in connection with Kargahar P.S. Case No. 24 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T