Pintu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25005 of 2016 Arising Out of PS.Case No. -118 Year- 2014 Thana -GUTHNI District- SIWAN ====================================================== Pintu Rai Son of Ramjee Rai Resident of village- Nainizore, P.S.- Guthani, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 341, 323, 307 and 34 of the Indian Penal Code. Later on, Section 302 of the Indian Penal Code has been added. Allegation is that petitioner along with other accused persons came in a Bolero vehicle and assaulted informant. Informant's son came to save his father but he was caught hold of by the petitioner and accused Bablu Rai stabbed him, as a result of which he died.

It has been submitted on behalf of the petitioner that he is in custody since 17.2.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. As per F.I.R., the main allegation has been made against co-accused Bablu Rai. As far as petitioner is concerned, he is alleged to have caught hold of the deceased at the time of occurrence. Subsequently, in his re-statement the informant has not alleged any overt act against the petitioner. Similar is the statement of the witnesses in paras-6, 7, 9, 14 and 15 of the case

Patna High Court Cr.Misc. No.25005 of 2016 (3) dt.08-08-2016 2/2 diary. There is an admitted land dispute between the parties and a Title Suit is also pending in the court below. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, , let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan , in connection with Guthani P.S. Case no. 118 of 2014.

(Sudhir Singh, J) sudip/- U T