Lal Babu Rai @ Lal Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4138 of 2018 Arising Out of PS.Case No. -335 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lal Babu Rai @ Lal Bahadur Rai, Son of Late Ram Baran Rai, resident of Village- Jagiraha, Kothi, P.S.- Ghorasahan, District- East Champaran, Motihari.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Ghorasahan PS Case No. 335 of 2017 registered under Sections 302, 120(B), 34 of the IPC and Section 27 of the Arms Act.

The allegation in brief is that due to land dispute the accused persons assaulted informant side and one Jaysi Lal Rai shot at Rosh Kumar on his head causing his death, Pramod Rai shot at Sonu Kumar causing injury on head and thereafter Satish Rai assaulted him with handle of hand pump. Thereafter Vijay Rai, Lal Bahadur Rai and Sheopujan Rai all assaulted with farsa causing death of both of them.

Learned Counsel for the petitioner submits that there is land dispute between both sides, there is no specific allegation against the petitioner, specific allegation of opening fire is against Pramod Rai and Jaysi Rai and there is general and omnibus allegation of assault leveled against the petitioner who is 83 years old person and is in custody since 8.9.2017.

Having considered the said facts and circumstances, the

Patna High Court Cr.Misc. No.4138 of 2018 (2) dt.01-02-2018 petitioner, namely, Lal Babu Rai @ Lal Bahadur Rai is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM Sikarah, Dhaka in connection with Ghorasahan PS Case No. 335 of 2017.

(Arun Kumar, J.) Snkumar/- U T