Bijo Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65828 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- BACHHWARA District- Begusarai ======================================================

1. Bijo Rai,

2. Khakhru Rai @ Sujit Ray, Both are sons of Rajendra Rai, Both are resident of Village- Chamtha Chakki, P.S.- Bachhawara, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Usha Kumari Singh For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Bachhawara P.S. Case No. 60 of 2018 registered for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant on the basis of information received from co-villager Munna Rai who disclosed that Lalu and his associates have killed his brother by firing in field of Rajendra Rai.

Patna High Court Cr.Misc. No.65828 of 2018(2) dt.20-11-2018 2/3 It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case due to land dispute between the parties. Allegation against petitioners are general and omnibus in nature. They have no criminal antecedent. They are in custody since 04.07.2018. Similarly placed co-accused have been granted bail by coordinate bench of this court contained in Annexures 2 and 3 series.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-VII-cum-A.C.J.M.-VI, Begusarai in connection with Bachhawara P.S. Case No. 60 of 2018 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, prosecution will be at liberty to

Patna High Court Cr.Misc. No.65828 of 2018(2) dt.20-11-2018 3/3 move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/ManojU T