Tun Tun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5201 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -DARIYAPUR District- SARAN ======================================================

1. Tun Tun Ray Son of Sri Naga Ray, resident of village- Samanchak, P.S.- Dariyapur, District- Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report but there is general allegation of assault against the petitioner and other F.I.R. named accused. In course of investigation, one witness, namely, Lalmunni, at para-33 of the case diary, stated that it was co-accused Upendra Rai who assaulted the deceased Somar Rai by means of Farsa. So far as petitioner is concerned, there is nothing in the entire case diary to show that he too assaulted the deceased. Moreover, there is a case and counter case between the parties and the prosecution admits that the alleged occurrence took place on account of land dispute.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.5201 of 2016 (3) dt.29-02-2016 2/2 well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Session Judge VI, Saran at Chapra in connection with Session trial no.692 of 2015 arising out of Dariyapur P.S.Case No. 213 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T