Tinku Kumar @ Tinku Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77357 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- NAYAGAON District- Saran ====================================================== Tinku Kumar @ Tinku Rai Son of Pashupati Rai @ Prem Rai Resident of Village-Rasulpur,P.S. Nayagaon,Distt.-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kr. Singh, Advocate.

Mr. Shyameshwar Kumar Singh, Advocate.

For the State :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Nayagaon P.S. Case No. 41 of 2018, instituted for the offence under Section(s) 302 and 201/34 of the Indian Penal Code.

Counsel for the petitioner submits that name of petitioner has come merely on suspicion. There is no eye witness of the case. It is alleged in the written report that four days prior to the occurrence altercation had taken place between nephew of the informant and Pashupati Rai over loading the mustard on the pick up van. The nephew of the informant Mithilesh Rai used to drive the Pick-up van of Amar Nath Rai. Thereafter, Pashupati Rai and this petitioner had given threat to kill the nephew of the informant. It is further alleged that on 22.03.2018, the informant got information in Market on his Mobile that dead body of his nephew

Patna High Court CR. MISC. No.77357 of 2018(3) dt.08-03-2019 2/2 is lying on the road in front of the house of Pashupati Rai. The informant went there and identified the dead body of his nephew. Case diary has been received.

Learned A.P.P. after looking into the case diary submits that there is no eye witness of the case. Mere suspicion has been raised against the petitioner on account of giving threat earlier. Petitioner is in custody since 30.5.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Saran, in connection with Nayagaon P.S. Case No. 41 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T