Patna High CourtCR. MISC./46150/2014bail granted

Shankar Rai v. The State Of Bihar

2015-03-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46150 of 2014 Arising Out of PS.Case No. -9 Year- 2014 Thana -DUMRA District- SITAMARHI ====================================================== Shankar Rai, Son of Styanarayan Rai, residence of village - Vishwanathpur, P.S. Dumra District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Dumra P.S. Case No. 09 of 2014 dated 08.01.2014 instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that though he is named in the First Information Report but has not been identified as the assailant. It is submitted that as per the prosecution story, two motorcycle borne assailants had opened fire on the son of the informant, resulting in his death and the petitioner along with Mukhiya have been made accused, and the reason for the petitioner being made accused, as is alleged is that there was dispute regarding poultry business, for which he is said to have also threatened the deceased of dire consequences. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.46150 of 2014 (4) dt.03-03-2015 nothing has come against him during entire investigation and he has clean antecedent and is in custody since 21.07.2014. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, 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 the learned Chief Judicial Magistrate, Sitamarhi in Dumra P.S. Case No. 09 of 2014. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P.K./- U T