Baban Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50651 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -AGIAUN District- BHOJPUR ====================================================== Baban Rai, Son of Late Ramdeo Rai, resident of Village - Asalan Bahadurpur, Police Station - Agiaon (G) in the district of Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar For the Opposite Party : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Agiaon (G) P.S. Case No. 84 of 2015, registered under Sections 147, 148, 149, 448, 324, 307 and 302 of Indian Penal Code and Section 27 of the Arms Act.

The accusation is that seven persons named in the F.I.R. came at the door of house of Myaka of informant, out of them, four persons namely, Umesh Rai, Lalan Rai, Parmil Rai and Baban Rai (Petitioner) entered into the room of the informant making firing with country made pistol. At that time, Umesh Rai shot fire at the aunt of the informant, whereas Lalan Rai also shot fire on her aunt, but the bullet passed near by her.

Patna High Court Cr.Misc. No.50651 of 2015 (2) dt.04-02-2016 2/2 Thereafter, her aunt has been brought to the Primary Health Centre Garhani for treatment where she has been declared dead by the Doctor.

Learned counsel appearing on behalf of the petitioner submits that petitioner is named in the F.I.R. , but no specific overt act has been alleged against the petitioner. There is specific allegation against the co-accused Umesh Rai, who shot fire at the deceased, whereas the firing of Lalan Rai passed nearby deceased.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon (G) P.S. Case no. 84 of 2015. (Rajendra Kumar Mishra, J) manish/- U T