Raj Kumar Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.50422 of 2018 (3) dt.01-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50422 of 2018 Arising Out of PS.Case No. -86 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Raj Kumar Rai, S/o Late Awadh Rai, R/o Vill.- Rampur Bhikhanpura (Chainpur ), P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Sessions Trial No. 305 of 2018, arising out of Sahebganj P.S. Case No. 86 of 2015, instituted for the offences under Section(s) 302/34 of the Indian Penal Code.
Counsel for the petitioner has submitted that petitioner has been implicated in this case merely on suspicion as last seen with the deceased as mentioned in the written report. It is alleged in the written report that petitioner and other accused persons took the son of informant and on the next day dead body of his son was found lying near the canal of Bara Khursheda.
Patna High Court Cr.Misc. No.50422 of 2018 (3) dt.01-10-2018 Learned Sessions Judge has mentioned in the impugned order that in the post-mortem report cause of death of son of informant has been shown by burn injury.
Counsel for the petitioner has submitted that deceased died due to electric shock and mere suspicion has been raised against this petitioner.
Report of the court below has been received in this case wherein it is mentioned that charge has not been framed till today. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 9th, Muzaffarpur, in Sessions Trial No. 305 of 2018 arising out of Sahebganj P.S. Case No. 86 of 2015, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T