Patna High CourtCR. MISC./81366/2019bail granted

Bidyanand Roy v. The State Of Bihar

2020-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81366 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- BIHRA District- Saharsa ====================================================== BIDYANAND ROY @ Baidyanand Ray S/o Late Yaduni Ray R/o villagePatori, Ward No. 4, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Bihra P.S.Case No.79 of 2019 dated 26.5.2019 registered for offences punishable under Sections 341, 342, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Prosecution story is that father of the informant was abducted by the petitioner and other accused persons and thereafter assaulted brutally due to which he died. FIR further discloses that one Saraswati Devi informed about the occurrence to the informant.

Submission of the learned counsel for the petitioner is that FIR itself shows that informant is not eye witness rather Saraswati Devi is eye witness and the statement of Saraswati

Patna High Court CR. MISC. No.81366 of 2019(5) dt.27-02-2020 2/2 Devi has not been recorded. Charge sheet has been submitted in this case. Petitioner is in custody since 26.7.2019. Heard learned A.P.P. who has not controverted the fact that statement of Saraswati Devi has not been recorded by the police as per the case diary though the case diary is available up to para 72 and the charge sheet has also been directed to be filed and the supplementary investigation is also due against the other accused persons.

Having heard both sides and considering the submissions as made above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM,Saharsa in connection with Bihra P.S.case no.79 of 2019.

With the above direction, this application is allowed.

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