Petitioner, lodged in PS Case on gravesome scanty material and last seen theory, was granted release on bail by exercising jurisdiction to entertain the application before him.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39211 of 2015
Arising Out of PS.Case No. -252 Year- 2014 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Bhanu Rai @ Sachitanand Prasad Yadav son of Ram Prit Rai, resident of village- Pokhra, P.S.- Kotwa, District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 09-11-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.
Petitioner is named in the first information report on two grounds; firstly, he took the deceased from his house and secondly, petitioner had illicit relation with wife of the deceased. Except the aforesaid materials, there appears to be nothing against the petitioner, who is languishing in jail custody since 23-04-2015. Admittedly, none has seen actual killing of the deceased and even if, the circumstances collected against the petitioner are assumed to be true, then also, it is only a case of last seen.
Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten
Patna High Court Cr.Misc. No.39211 of 2015 (3) dt.09-11-2015
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thousand) with two sureties of the like amount each in connection with Kotwa P.S. Case No. 252 of 2014 to the satisfaction of Chief
Judicial Magistrate, Motihari, East Champaran.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner is entitled to release on bail in connection with the alleged offences.
Bhanu Rai @ Sachitanand Prasad Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
