High Court Patna High Court - Orders

Niraj Chai @ Niraj Kumar vs The State Of Bihar on 29 June, 2011

Patna High Court – Orders
Niraj Chai @ Niraj Kumar vs The State Of Bihar on 29 June, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.18078 of 2011
                  Niraj Chai @ Niraj Kumar, S/O-Rama Shankar Prasad @ Shankar Chai
                                                   Versus
                                            The State Of Bihar
                                                 -----------

02 29.06.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is not named in the first information

report and the name of this petitioner came in this case in course

of investigation. The impugned order of learned Additional

Sessions Judge, Patna demonstrates that none has seen the actual

killing of the deceased and the entire prosecution case is based

upon circumstantial evidence. So far as petitioner is concerned,

it appears that except the confessional statement, there is nothing

against him. Moreover, having more or less similar allegation,

one co-accused, namely, Mahesh Gope has already been granted

privilege of bail by another Bench of this Court vide order dated

14.06.2011 passed in Cr. Misc. No. 18316 of 2011.

Considering the aforesaid facts and circumstances

as well as submissions of the parties, let the petitioner be

released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Thousand) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Patna in connection

with Pirbahore P.S. Case No. 285 of 2010.

        Shahzad                                ( Hemant Kumar Srivastava, J.)