Amod Rai @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46235 of 2015 Arising Out of PS.Case No. -329 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Amod Rai @ Amod Kumar son of Ram Jatan Rai resident of village Sahdullahpur, P.S. Bidupur, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. P.K. Jha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act. Case diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that save and except the statement of the informant that when the husband of the informant was leaving his house, he had told his wife that he was going with the present petitioner. There is no cogent material to show that, in fact, the petitioner had accompanied the deceased at the relevant point of time.

Patna High Court Cr.Misc. No.46235 of 2015 (2) dt.03-11-2015 Learned counsel for the States submits that there is no other cogent material in the case diary save and except the statement of the informant in the F.I.R.

Considering the aforementioned facts and circumstances of the case and that other witnesses have stated that six unknown persons chased and shot dead the deceased and also the fact that the petitioner has no criminal antecedent, the petitioner, above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No 329 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Anjana Mishra, J) Amin/- U