Lal Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15612 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -GOPALPUR District- PATNA ======================================================

1. Lal Babu Rai, S/o Late Kishun Rai, Resident of Village- Manpur Bairiya P.S.- Gopalpur, Dist- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 20.07.2016 in connection with Gopalpur P. S. Case No. 12 of 2016 for offences punishable under Sections 147, 148, 149, 323, 341, 307, 504 and 302 of the Indian Penal Code.

The prosecution case is that the petitioner along with others assaulted the informant and his family members on which the father of the informant succumbed to injury. It has been submitted by the learned counsel for the petitioner that he is innocent and general and omnibus allegation has been levelled against him. Post mortem report does not specify any injury, although the opinion regarding cause of death

Patna High Court Cr.Misc. No.15612 of 2017 (2) dt.12-04-2017 2/2 of the deceased was kept pending till receipt of chemical examination.

It has further been submitted that two other coaccused persons have since been granted the privilege of bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 44714 of 2016 dated 17.10.2016.

However, learned APP opposes the prayer for bail. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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, Patna in connection with Gopalpur P.S.Case No. 12 of 2016.

(Nilu Agrawal, J) Sudha/- U T