Birchandra Rai @ Saheb Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52673 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Birchandra Rai @ Saheb Rai, Son of Ram Sevak Rai alias Ram Sevak Ray, Resident of Village Balnathpur Kuriya, P.S. Baligaon, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section, 302, 201 of the Indian Penal Code. The prosecution case, in brief, is that he used to threaten the informant of dire consequences.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case due to previous enmity. There is no eye witness to the alleged occurrence. Except for this, there is no other substantial evidence to suggest the implication of the petitioner in the present case. The petitioner has

Patna High Court Cr.Misc. No.52673 of 2018 (2) dt.11-09-2018 been named in the FIR merely on the basis of suspicion. 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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate-XII, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 51 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T