Chhotu Rai @ Chotu Gope @ Chhutto Rai @ Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25407 of 2016 Arising Out of PS.Case No. -16 Year- 2014 Thana -MEHDIGANJ District- PATNA ======================================================

1. CHHOTU RAI @ CHOTU GOPE @ CHHUTTO RAI @ KUNDAN S/o Munni Gope resident of Mansa Ram Ka Akhara, P.S.- Mehadiganj, Dist.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 302 of the Indian Penal Code.

It is alleged by the informant that on 2.3.2014 at 9.27 a.m he received information on mobile no. 9386241347 from mobile no. 9308227878. On this information his brother Rana Mahto @ Sujit Kumar went away from his house saying that he would return in 10 minutes. It is further alleged that he knew from someone that his brother had been dragged towards railway line assaulting him with bricks at the side of Radha Krishna Temple. He along with his family members went towards that side and found his brother's dead body.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.25407 of 2016 (3) dt.16-08-2016 2/2 petitioner is in custody since 30.01.2016 . Charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner is not named in the FIR. There is no eye witness to the alleged occurrence. Other co-accused persons have been granted bail vide Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, 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 S.D.J.M., Patna City in connection with Mehadiganj P.S.Case No. 16 of 2014.

(Sudhir Singh, J) singh/- U T