Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57405 of 2015 Arising Out of PS.Case No. -234 Year- 2014 Thana -SAHPUR District- BHOJPUR ====================================================== Mantu Rai, son of late Harihar Rai, R/o village- Sarangpur, Police StationShahpur (Bahoranpur), District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamlesh Prasad Yadav, Adv. For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Shahpur (Bahoranpur) P.S. Case No. 234/2014 registered under Sections 145, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that five persons including the petitioner surrounded Santosh Kumar Rai, son of the informant in the way whereas the petitioner Mantu Rai caught hold the waist of Santosh Kumar Rai and on the order of Uday Rai, Umashankar Rai shot fire through his country made rifle causing death of Santosh Kumar Rai.

Learned counsel appearing on behalf of the petitioner submits that in fact the petitioner being the brother of co-accused

Patna High Court Cr.Misc. No.57405 of 2015 (3) dt.17-02-2016 2/2 Umashankar Rai has been implicated in this case with false allegation of catching the deceased.

Further submission is that the petitioner having no criminal antecedent is in custody since 18.09.2015. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur (Bahoranpur) P.S. Case No. 234/2014. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J.) Rakhi U T