Gautam Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.651 of 2015 Arising Out of PS.Case No. -17 Year- 2013 Thana -ANDHRATHARI District- MADHUBANI ====================================================== Gautam Kumar Rai, Son of Baidyanath Rai, R/o Village - Marukiya, P.S. Andhratharhi, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.

The petitioner seeks regular bail in Andharatharhi P.S. Case No. 17 of 2013 for the offence under Sections 302, 201/34 of the Indian Penal Code.

The F.I.R. is against unknown. There is no eye witness of the occurrence. Name of the petitioner figured in the case in the confessional statement of Dharm Kumar Rai, recorded in para 22 of the case diary. Dharm Kumar Rai has already been granted bail. Two witnesses, namely, Jitendra Kumar Rai and Laxman Rai have recorded their statements under Section 164 Cr.P.C., but they are not the eye witness of the occurrence and they simple stated that there is a land dispute between the parties. Having considered the fact that there appears no material to show the involvement of the petitioner in the killing of

Patna High Court Cr.Misc. No.651 of 2015 (2) dt.08-01-2015 2/2 the deceased, the petitioner named above is directed to be released on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Madhubani in Andharatharhi P.S. Case No. 17 of 2013 corresponding to G.R. No. 668 of 2013 (Sessions Trial No. 251 of 2014). (Prabhat Kumar Jha, J) Dilip/- U T