Allowed

Bachandeo Rai @ Bachan Rai @ Ram Bachan Rai v. The State Of Bihar

Patna HC9 Oct 2013CR. MISC./19594/2013

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the Court granted bail to the petitioner in a murder case instituted under sections 302/34, 120B of the Penal Code and section 27 of the Arms Act, finding no direct evidence connecting him with the offence.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.

Bachandeo Rai @ Bachan Rai @ Ram Bachan Rai Vs… — Murder and Culpable Homicide | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19594 of 2013

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====================================================== Bachandeo Rai @ Bachan Rai @ Ram Bachan Rai S/O Late Basdeo Rai R/O Village- Jhanjhihat, Near Budhant River, Pupri Bazar, Ward No. 4, P.S. Pupri, District- Sitamarhi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 09-10-2013 Heard learned counsel for the petitioner and Mr. Ashok Kumar APP for the State.

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Petitioner seeks bail in a case instituted under Sections 302/34 , 120B of the Penal Code and Section 27 of the Arms Act.

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As per the prosecution case, the husband of the informant was on his way to home on 12.8.12 when he was killed by unknown persons. She got the information about her death on 13.8.12 whereafter the FIR was lodged raising suspicion against the petitioner and his close relatives. As per the prosecution case, the deceased was driving pick up van of the petitioner. The petitioner had lodged a criminal case alleging theft of the vehicle by the deceased in which the deceased had to undergo imprisonment for certain months.

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Learned counsel for the petitioner submits that except

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Patna High Court Cr.Misc. No.19594 of 2013 (3) dt.09-10-2013

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the suspicion raised in the FIR, there is no evidence directly connecting the petitioner with the alleged offence. The petitioner has clean antecedent and is lodged in jail custody since 20.2.13. It has further been submitted that other co- accused named in the FIR along with the petitioner namely Manish Kumar has since been released on anticipatory bail by order dated 9.9.13 passed in Cr. Misc. No. 15377 of 2013.

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Learned APP for the State, on going through the case diary, submits that there is no direct evidence against the petitioner.

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In the facts and circumstances of the case, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, 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 the Chief Judicial Magistrate, Sitamarhi, in connection with Riga P.S. Case No. 119 of 2012, subject to the condition that one of the bailors shall be the own/close family member of the petitioner.

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The case diary received in the case be transmitted to the Court below immediately.

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(Kishore Kumar Mandal, J)

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Shyam/-

Bachandeo Rai @ Bachan Rai @ Ram Bachan Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bachandeo Rai @ Bachan Rai @ Ram Bachan Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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