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Patna High CourtCR. MISC./10479/2015bail granted

Hira Rai @ Yamuna Rai v. The State Of Bihar

2015-04-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10479 of 2015 Arising Out of PS.Case No. -476 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Hira Rai @ Yamuna Rai Son of Late Ramdeo Rai, R/O- VillageBawaria, P/S- Paharpur, District- East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,324,341,307,302 and 120 of the Indian Penal Code.

It is alleged that co accused Nagendra Thakur assaulted with Farsa to the father of the informant while others assaulted with lathi when Mukesh Tiwari went to rescue the father of the informant then he was also assaulted by the accused persons. Subsequently, the father of the informant succumbed to the injury. It is submitted by the learned counsel for the petitioner that postmortem report reflects only one lacerated injury of the

Patna High Court Cr.Misc. No.10479 of 2015 (2) dt.23-04-2015 2/2 marginal size skin deep when the death has been opined by the doctor due to chronic illness. It is further submitted that the accusation of assault is only specific against Nagendra Thakur. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari in connection with Sugauli P.S. Case No. 476 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T