Patna High CourtCR. MISC./37850/2018bail granted

Firoz Rai @ Devendra Prasad Yadav v. The State Of Bihar

2018-09-17Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37850 of 2018 Arising Out of PS. Case No.-364 Year-2017 Thana- MADHAURAH District- Saran ====================================================== Firoz Rai @ Devendra Prasad Yadav S/o Ram Jatan Rai @ Jatan Rai, R/o Vill.- Dharmpur, P.S.- Marhaura, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Prakash, Adv.

For the Opposite Party :

Mr. Anant Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-09-2018 Heard learned counsel for petitioner and learned counsel for the State as well as counsel for the informant. Petitioner, who is in custody, seeks bail in connection with Marhaura P.S. Case No. 364 of 2017 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Allegation against petitioner is of killing brother of the informant. Petitioner has been named only on suspicion. Informant is not eyewitness. Occurrence is of 07:00 P.M. and fardbeyan has been recorded next day at 10:30 A.M. and FIR has been instituted at 04:00 P.M. Allegation is that co-accused Munna Singh was sent to jail at the instance of deceased but no such allegation is made against petitioner.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.37850 of 2018(4) dt.17-09-2018 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent. He is in custody since 16.02.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Dr. Rajesh Singh learned 1st Class J.M., Saran at Chapra in connection with Marhaura P.S. Case No. 364 of 2017.

(S. Kumar, J) Rajiv/Manoj U T