Hari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.349 of 2018 Arising Out of PS. Case No.-5 Year-2012 Thana- SONBERSA District- Sitamarhi ====================================================== Hari Rai, Son of Pragas Rai, Resident of Village-Dalkawa, P.S. Sonebarsa, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. SRI RAM BACHAN SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Sessions Trial No. 385 of 2017 arising out of Sonebarsa P. S. Case no. 05 of 2012 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Informant is son of the deceased and has stated in his fardbeyan that on 10.01.2012 his father was sleeping in the field of wheat crop. FIR named accused persons on account of personal enmity killed his father. However, after investigation police has found the case to be true against one Pintu Rai and submitted chargesheet against him and did not find anything against petitioner. However, court below differing with the opinion of the enquiring officer took cognizance against petitioner to face trial. It has further been submitted that

Patna High Court Cr.Misc. No.349 of 2018(2) dt.17-01-2018 2/2 similarly situated co-accused, namely, Pintu Rai, Kailsh Rai and Ramswarup Rai have been granted bail vide Annexures- 4, 4/1 and 3 respectively. Petitioner has got no criminal antecedent and is in custody since 01.05.2017.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Fast Track Court-II, Sitamarhi, in connection with Sessions Trial no. 385 of 2017 arising out of Sonebarsa P. S. Case No. 05 of 2012. (S. Kumar, J) sudip/- U T