Baban Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8946 of 2019 Arising Out of PS. Case No.-41 Year-2017 Thana- RAJGIR District- Nalanda ====================================================== BABAN RAJBANSHI Son of Kailash Raj Banshi Resident of Village - Thakur Sthan P.S. Rajgir District Nalanda (Biharsharif). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard the parties.

The petitioner seeks bail in Rajgir P.S.Case No.41/17 registered under Section 302 of the I.P.C. and Section 27 of the Arms Act.

The informant who is brother of the deceased has alleged in his F.I.R. that his deceased brother had gone to forest to bring some firewood but thereafter he did not return and during search the brother of the informant was found lying dead near a fountain. A firearm injury was found on his face. The informant suspected that the petitioner and others who were with the deceased and on account of some dispute have killed him by firing.

It has been submitted on behalf of the petitioner that he is innocent. There is only one firearm injury and he has been

Patna High Court CR. MISC. No.8946 of 2019(2) dt.12-03-2019 2/2 implicated in this case mere on suspicion.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Nalanda(Biharsharif), in Rajgir P.S.Case No.41 of 2017 subject to the conditions that (I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii)petitioner/s shall co-operate in the trial and shall be represented on each and every date fixed by the court. (iii) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner/s. (S. Kumar, J) aks/- U