Ravindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24962 of 2015 Arising out of PS.Case No. -83 Year- 2012 Thana -KUNDWACHAINPUR District- EAST CHAMPARAN(MOTIHARI) ====================================================== Ravindra Rai, Son of Khedar Rai, resident of village - Hussanpur Naya Tola, Police Station Sahebganj, District - Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rakesh Ranjan, Advocate. For the Opposite Party : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 Learned counsel for the petitioner is permitted to make necessary correction in village name of the petitioner. The petitioner is languishing in custody since 15.10.2014 in connection with Kundwachainpur P.S. Case No. 83 of 2012 for the offences instituted under Section 396 of the I.P.C. and 27 of the Arms Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on 10.12.2012 at about 11.30 to 12.00 P.M. the informant and his family were sleeping. In the meantime, one person came and opened the door of the house. Then 5-6 persons armed with gun etc., came and
Patna High Court Cr.Misc. No.24962 of 2015 (2) dt.16-07-2015 2/3 caught the informant. On alarm the informant's son came and made objection. Upon which one person instructed to keep silence and pointed out gun on the chest of the informant's son when gun caught with his hand on which he fired from his gun in the chest of the informant's son who fell down and said he will not survive. When the informant rescued his son all the accused persons looted the property and took out Rs. 35,000/-, three mobile phones, golden and silver ornaments and also cash of Rs. 7000/- and fled away. Apart from one person, 8-10 persons who were also out of the house and concealed their faces by clothes. It is also alleged that the informant's son was earlier married with the daughter of Md.
Ansarul who was died and his Samadhi wanted to marry his younger daughter to the deceased but the same was denied by the informant which caused annoyance to him and the informant raised suspicion that at his instance occurrence has taken place. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.10.2014 and the charge sheet has been submitted in the present case. Further it is submitted that the petitioner is not named in the F.I.R. It is further submitted that other co-accused have been granted bail vide Cr. Misc. NO. 1536 of 2015.
On behalf of the State it has been submitted that the
Patna High Court Cr.Misc. No.24962 of 2015 (2) dt.16-07-2015 3/3 petitioner is named in the F.I.R. and his name appeared in course of investigation.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 learned J.M. East Champaran, Motihari, in connection with Kundwachainpur P.S. Case No. 83 of 2012.
U.K./- (Sudhir Singh, J) U T