Patna High CourtCR. MISC./51044/2016bail granted

Bhim Rai v. The State Of Bihar

2016-12-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51044 of 2016 Arising Out of PS.Case No. -33 Year- 2011 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Bhim Rai Son of Asharfi Rai, a resident of Village- Bahrampur, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 324, 326, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in brief, is that the accused persons named in the F.I.R. have made indiscriminate firing, causing death of Yogendra Rai, Dilip Rai and Nagina Ravidas. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not

Patna High Court Cr.Misc. No.51044 of 2016 (3) dt.09-12-2016 2/2 named in the F.I.R. Except for the confessional statement of coaccused, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Vide Annexure-2 series to the present application, the other co-accused have been granted bail by another co-ordinate Benches of this Court. On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M.-IVth, Vaishali at Hajipur, in connection with Raghopur (Rustampur O.P.) P.S. Case No.33 of 2011.

(Sudhir Singh, J.) Amit/- U T