Rajendra Rai @ Lotha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27519 of 2017 Arising Out of PS.Case No. -562 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Rajendra Rai @ Lotha S/o Ram Lakshan Rai, Resident of VillageFatehpur, P.S. Kanti, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The petitioner seeks bail in connection with Kanti P.S. Case No. 562/2016 registered for offences punishable under sections 302, 201/34 of the I.P.C.

Allegation against the petitioner is that on 20.12.2016 petitioners, namely, Chotu Singh and Bhulla Rai came to residence of informant and asked her husband to come alongwith them whereupon he refused to go with them, but they forcibly brought him on their motorcycle and said that he will be returned back after getting work over. It has been also alleged that on 21.12.2016 some persons who were on morning walk informed about the dead body of her husband.

It has been submitted on behalf of the petitioner is that he is not named in the FIR and he had been implicated in this case on the basis of confessional statement of the co-accused. It has

Patna High Court Cr.Misc. No.27519 of 2017 (3) dt.17-07-2017 2/2 been further stated that petitioner is in custody since 19.02.2017. Having heard both sides, considering the facts and circumstances of the case, this application is allowed, let petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., West, Muzaffarpur in connection with Kanti P.S. Case No. 562/2016, subject to the following condition:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J.) veena/- U T