Gajendar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7899 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -MANER District- PATNA ======================================================

1. Gajendar Rai son of Gurucharan Rai, resident of village- Tata Colony Block, P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. According to the prosecution case itself, the informant is not an eye witness of the alleged occurrence and having got information about the death of his father, he went to the place of occurrence where he found the dead body of the deceased lying there and, similarly, the petitioner was also lying there in intoxicating condition having some injuries.

The impugned order shows that in course of investigation, the witnesses supported the version of informant and it appears that not a single prosecution witness claimed to have seen the actual killing of the deceased.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.7899 of 2016 (2) dt.19-02-2016 2/2 petitioner has falsely been implicated in this case and, at best, he might have been shown in this case as a witness. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,1st class, Danapur, Patna in connection with Maner P.S.case No. 12 of 2014.

(Hemant Kumar Srivastava, J) N.K/- U T