Mohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50092 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== MOHAN RAI Son of Kishori Rai Resident of Village - Chorma, P.S.- Pakridayal, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120B, 379, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons assaulted the husband of the informant due to which he sustained injury and later succumbed to the injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on his self

Patna High Court CR. MISC. No.50092 of 2019(2) dt.09-08-2019 2/2 confession. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused has been granted bail vide order dated 8.7.2019 passed in Cr. Misc. No.24145 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. -V, East Champaran at Motihari in connection with Pakrideyal P.S. Case No. 218 of 2018.

(Sudhir Singh, J) Pankaj/- U T