Judgment Rai vs The State Of Bihar on 30 September, 2016

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Patna High Court - Orders

Judgment Rai vs The State Of Bihar on 30 September, 2016

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.38319 of 2016 (2) dt.30-09-2016




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.38319 of 2016
                     Arising Out of PS.Case No. -295 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA
                   ======================================================
                   1. Judgment Rai S/o Vasu Ray @ Vasdeo Ray R/o Rustampur, P.S. -
                   Raghopur, District - Vaishali.              .... .... Petitioner
                                                     Versus
                   1. The State of Bihar                       .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :   Mr. Dhirendra Kumar Sinha
                   For the Opposite Party/s    : Mr. Sri Sanjay Kumar Tiwary 1
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

2   30-09-2016

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ram Krishna Nagar P.S. Case No. 295 of 2015 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code in which Section 302 IPC was added later on.

The petitioner is not named in the first information report. During investigation his name transpired in the confessional statement of Ravi Shankar Kumar that he along with other co-accused was also involved in kidnapping and killing of the husband of the informant.

Submission is of false implication and that the petitioner has got no concern with the deceased or with co-accused Ravi Shankar Kumar and moreover, Ravi Shankar Kumar has already been allowed bail by another co-ordinate Bench of this Court and Patna High Court Cr.Misc. No.38319 of 2016 (2) dt.30-09-2016 further other co-accused Jhunu Rai @ Bhulu Rai and Manoj Ray have also been allowed bail and as such the petitioner also deserves sympathetic consideration to which the learned APP does not oppose by submitting that three co-accused have already been allowed bail by another co-ordinate Bench of this Court.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of K. Jyotsna, J. M. Ist Class, Patna in connection with Ram Krishna Nagar P.S. Case No. 295 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-

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Patna High Court - Orders