Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4910 of 2019 Arising Out of PS. Case No.-108 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== Birendra Rai S/o Rajendra Rai Resident of Village-Senger Tola P.S. Rivil Ganaj Dist-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the State :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case in brief is that the daughter of the informant was killed by the accused persons with Lawada and Lathi.

It has been submitted on behalf of the petitioner that the petitioner has got no antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-07-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The witnesses in paragraphs-54, 55, 56 & 57 have stated that the deceased died due to prolonged

Patna High Court CR. MISC. No.4910 of 2019(3) dt.22-04-2019 2/2 illness. No offence under Section 302 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Saran at Chapra in connection with Rivilganj P.S. Case No. 108 of 2017.

(Sudhir Singh, J) A.K.V.//- U T