Patna High Court - Orders
Pawan Rai & Anr vs The State Of Bihar on 15 October, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43598 of 2015
Arising Out of PS.Case No. -302 Year- 2014 Thana -MADHUBAN District-
EASTCHAMPARAN(MOTIHARI)
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1. Pawan Rai
2. Ramashankar Rai
Both sons of Munsi Rai, resident of village- Bara Mangru, P.S.-
Madhuban, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 15-10-2015Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that the father of the informant Raghav Rai went to watch his crop field, but while he was coming back, First Information Report named accused persons killed him, as in the previous evening the informant saw Bijli Singh coming by tractor to the house of Pawan Rai, where all the accused persons were present and making plan to kill the father of the informant. Earlier the accused persons threatened the Patna High Court Cr.Misc. No.43598 of 2015 (2) dt.15-10-2015 2 father of the informant.
It is submitted by the learned counsel for the petitioners that the informant is not eye witness to the occurrence. Only on suspicion the accusation has been levelled after recovery of the dead body of the victim. Considering the suspicious nature of accusation similarly situated co-accused Uma Shankar Rai has been granted regular bail vide Cr. Misc. No. 31168 of 2015. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Madhuban P.S. Case No. 302 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./-
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