Baiju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33005 of 2016 Arising Out of PS.Case No. -442 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Baiju Rai S/o Ballam Rai Resident of Village- Mahabir Tola, P.S Maner, District Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhakar Singh, Adv. For the Opposite Party : Mr. Rajesh Kumar, APP 48 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2016 Heard the learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered under Sections 364, 302 and 201 of the Indian Penal Code.

The brother of the informant was missing, after he had gone to market to purchase some articles. On 14th October, 2015, his dead body was found. In the first information report allegation is that the deceased had some dispute with the petitioner due to non-refund of money advanced. The case diary reveals that there is no eye witness of the occurrence and suspicion is against some other accused also.

After considering the fact that only material is suspicion, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Maner P.S. Case No. 442 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √