Patna High CourtCR. MISC./33864/2017bail granted

Sanjay Rai And ORS v. The State Of Bihar

2017-08-08Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.33864 of 2017 (3) dt.08-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33864 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjay Rai,

2. Kamal Rai,

3. Jitendra Rai All Sons of Raja Rai, R/o Village- Dhekahan Bela Par, P.S.- Piprakothi, District- East Champaran.

.... .... Petitioners/s

Versus

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

For the Petitioners/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioners seek regular bail in connection with Piprakhoti P.S. Case No. 152 of 2016, registered for offences punishable under Section 302/34 of the Indian Penal Code. Allegation against the petitioners is of catching hold of the deceased, allowing other co-accused to kill the deceased by pressing his neck.

It has been submitted on behalf of the petitioners that they have falsely been implicated in this case, which will appear from the post mortem report that the cause of death was ascertained as cardiac arrest. Further they have no criminal antecedents and have been in judicial custody since 28.4.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, be released on bail on furnishing

Patna High Court Cr.Misc. No.33864 of 2017 (3) dt.08-08-2017 bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Piprakothi P.S. Case No. 152 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T