Patna High CourtCR. MISC./21523/2017allowed

Shivji Rai @ Birendra Kumar v. The State Of Bihar

2017-05-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.21523 of 2017 (2) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21523 of 2017 Arising Out of PS.Case No. -894 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shivji Rai @ Birendra Kumar son of Late Narayan Rai Resident of village - Lodipur, P.S. - Hajipur Town, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 18.03.2017 in connection with Hajipur P.S. Case No. 894 of 2015 registered under Sections 147, 148, 149, 341,342, 323, 324, 325, 326, 307, 427, 302, 364, 502 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence in any manner. There is general and omnibus allegation against the petitioner and no specific allegation is attributed against him. There is no eye witness to the alleged occurrence. Moreover, co-accused namely, Umesh Kumar and Vikash Kumar, having more or less similar allegations, have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 15865 of 2017. The case of the petitioner based on

Patna High Court Cr.Misc. No.21523 of 2017 (2) dt.18-05-2017 similar footing to those co-accused persons who have been granted bail. The petitioner is rotting in custody for the last two months. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 894 of 2015.

(Arvind Srivastava, J.) brajesh/- U T