Patna High CourtCR. MISC./57277/2019bail granted

Anil Rai @ Anil Roy v. The State Of Bihar

2019-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57277 of 2019 Arising Out of PS. Case No.-236 Year-2017 Thana- GARKHA District- Saran ====================================================== ANIL RAI @ ANIL ROY Son of Late Kanti Rai @ Kanti Roy Resident of Village- Narayanpur, Police Station- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 449, 302, 307 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of Explosive Substance Act.

The prosecution allegation, in short, is that the accused persons came to the house of the informant and hurled bombs which caused death of the family members of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.6.2017. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. General and

Patna High Court CR. MISC. No.57277 of 2019(2) dt.24-10-2019 2/2 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No specific injury is attributed against the petitioner. The alleged occurrence is said to have taken place at 12.30 a.m. in the night. Source of identification has not been disclosed by the prosecution. The same casts doubt on the prosecution story itself. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 -X, Saran at Chapra in connection with Sessions Trial No. 26 of 2018 arising out of Garkha P.S. Case No. 236 of 2017.

(Sudhir Singh, J) Pankaj/- U T