Patna High CourtCR. MISC./41364/2015bail granted

Ajay Rai v. The State Of Bihar

2015-10-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41364 of 2015 Arising Out of PS.Case No. -114 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Ajay Rai Son of Late Brahmdeo Rai, Resident of Village- Kharagpur, P.S. Desri and Distt. Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 341, 323, 504, 324, 448, 379, 506, 307/34 of the Indian Penal Code and Section 27 of Arms Act.

It is alleged by the informant ( Satyanarain Rai) that he was running a wine shop along with Lakhindra and Vijoy Rai. On 15.5.2015 accused persons came there and looted the shop and the petitioner opened fire which hit the stomach of Lakhindra Rai. Ajai Rai took Rs. 3,50,000/- from the cash counter. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since 16.5.2015. Charge sheet has been submitted in this case.

Patna High Court Cr.Misc. No.41364 of 2015 (3) dt.30-10-2015 2/2 There is no allegation of tampering with the evidence against the petitioner. The petitioner has been falsely implicated in the present case for oblique reason. It is further submitted that subsequently the matter has been settled between the parties, vide Annexure 2 to the present application. It is further submitted that the petitioner may be released after completion of six months in custody from 16.5.2015.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released, after completion of six months in custody from 16.5.2015, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, vaishali at Hajipur in Desri Chandpura ( O.P.) P.S.Case No. 114/2015. (Sudhir Singh, J) singh/- U T