Patna High CourtCR. MISC./7534/2018allowed

Jaisilal Rai v. The State Of Bihar

2018-02-08Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7534 of 2018 Arising Out of PS.Case No. -335 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jaisilal Rai, S/o Late Basudev Rai, R/o Village- Jagiraha Kothi, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Ghorasahan P.S.Case No. 335 of 2017 registered under Sections 302 and 120B/34 of the Indian penal Code and 27 of Arms Act.

Allegation in brief is that while informant's step son was returning back after closing shop, on the way he was intercepted by all 08 accused persons and the petitioner is said to have shot on the head of the deceased and others also assaulted. Learned counsel for the petitioner submits that there is no firearm injury on the person of the deceased and cause of death is of assault by hard and blunt substance and sharp cutting weapons and the petitioner is a railway employee and has no criminal antecedent except one case prior to occurrence lodged by the

Patna High Court Cr.Misc. No.7534 of 2018 (2) dt.08-02-2018 2/2 informant and chargesheet has been submitted and other coaccused persons have been admitted to bail by a co-ordinate Bench of this court and by this court also vide order dated 19.12.2017 passed in Cr. Misc. No. 55632 of 2017 and vide order dated 01.02.2018 passed in Cr. Misc. No. 4138 of 2018. Learned counsel for the informant submits that there is specific allegation against the petitioner of killing the deceased by firearms.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Jaisilal Rai, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Sikarhana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 335 of 2017.

(Arun Kumar, J) Sujit/- U T