Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60140 of 2018 Arising Out of PS. Case No.-146 Year-2015 Thana- BHAGWANPUR District- Begusarai ====================================================== Vikash Rai S/o Chandrasen Rai, R/o Vill.- Bariyarpur Barauni- 3, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 146/2015, instituted for offences under Sections 302/34 of the Indian Penal Code read with Section 27 of Arms Act. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. His name has come during investigation in case diary in the statement of independent witnesses.

In the written report there is allegation that son of informant was shot dead by unknown miscreants near the graveyard of the village.

Learned Addl. P.P. has submitted that in paragraphs 143, 144, 162, 163 and 164 of case diary witnesses have taken

Patna High Court Cr.Misc. No.60140 of 2018(4) dt.03-12-2018 2/2 the name of this petitioner.

From perusal of aforesaid paragraphs of case diary, it appears that mere suspicion has been raised against this petitioner.

Other co-accused, namely Mukesh Singh has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 4780/2018 dated 26.03.2018.

Petitioner is in custody since 30.05.2018.

Considering the aforesaid facts 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 learned Judicial Magistrate 1st Class, Begusarai in connection with Bhagwanpur P.S. Case No. 146/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T