Chandeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37125 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -KHANPUR District- SAMASTIPUR ====================================================== Chandeshwar Rai S/o Samu Rai Resident of Dharmpur, P.S. Khanpur, District Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.

The first information report was lodged against ten named accused and some unknown persons. Petitioner is also named in the first information report and it is alleged that all the named accused as well as unknown persons mercilessly assaulted the deceased, Ram Prasad Rai @ Baba Rai, who died on the spot. Submission on behalf of the petitioner is that aforesaid Ram Prasad Rai @ Baba Rai as well as other members of prosecution party mercilessly assaulted and killed one

Patna High Court Cr.Misc. No.37125 of 2016 (3) dt.25-10-2016 2/2 Brahamdeo Rai, who happens to be nephew of the petitioner and for which petitioner lodged Khanpur P.S. Case No. 32 of 2016 and as a matter of fact, while deceased of the present case was fleeing after committing the murder of aforesaid Brahamdeo Rai, the deceased was caught by the villagers and he was assaulted as a result whereof he died then and there and taking advantage of aforesaid fact, the informant lodged the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner 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 Additional Chief Judicial Magistrate, Samastipur in connection with Khanpur P.S. Case No. 33 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T