Chunnu Rai @ Channu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78201 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== Chunnu Rai @ Channu Rai, ageda bout 26 years, Male, Son of Ganesh Rai, R/o Manichapra, P.S. Barhara, District Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate Ms. Preety Kunwar, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2019 Heard both sides.

The petitioner seeks bail in Barhara P.S. Case No.217 of 2019, registered under Sections 302, 120(B) and 34 of the Indian Penal Code.

The informant alleged that his younger son returned after attending Tilak ceremony held in the house of Kanhaiya Rai but his another son, Krishna Rai did not return. In the night, a girl called on the mobile of Krishna Rai and his wife received the call. In the next morning, rumour was floating that a dead body was lying in the field. On such, the informant went there and saw the dead body and identified that the dead body was of his son.

Learned counsel for the petitioner submits that the informant suspected that his son, Krishna Rai had love affair with the daughter of Ganesh Rai and on account of such enmity, Chunnu Rai and others might have killed his son. It is further submitted that the learned Sessions Judge rejected the petition

Patna High Court CR. MISC. No.78201 of 2019(2) dt.20-12-2019 2/2 of the petitioner on the ground that he had already rejected the petition of the co-accused but did not refer any material collected during the course of investigation. Save and except suspicion, there is no material. Similarly situated co-accused, Pradeep Kumar Rai has already been granted bail by a coordinate Bench of this court vide order dated 04.11.2019, passed in Cr. Misc. No.61157 of 2019. The name of co-accused, Pradeep Kumar Rai surfaced in the case in the confessional statement of co-accused, Akshay Rai and Manager Paswan. It is also submitted that Akshay Rai and Pradeep Rai were also named in the FIR and they have also been granted bail and the case of the petitioner stands on the same footing.

Taking into consideration the facts that Akshay Rai and Pradeep Rai have been already been granted bail and the case of the petitioner stands on the same footing, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Arra in connection with Barhara P.S. Case No.217 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T