Patna High CourtCR. MISC./66670/2018bail granted

Ram Nath Rai v. The State Of Bihar

2018-11-22Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66670 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- JURAWANPUR District- Vaishali ====================================================== Ram Nath Rai Son of Baid Nath Rai, Resident of Village-North Paharpur Naya Tola, Police Station-Jurawanpur in the Disrict-of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jurawanpur P.S. Case No. 38 of 2018 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 379, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.

Informant has alleged in his written complaint that due to refusal by him to enter into compromise in previous case FIR named accused has threatened to kill him. On 01.06.2018 at about 11:00 pm they came near his door variously armed with weapons and on his protest accused Harikesh Rai fired first shot upon him and petitioner Ram Nath Rai fired second shot upon him as a result of which he fell down.

Patna High Court Cr.Misc. No.66670 of 2018(2) dt.22-11-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to previous dispute. In the Injury report which has been enclosed as Annexure-2 only one bullet injury has been found on left lower and posteror chest wall which is attributable to Harikesh Rai. It has been further submitted that the petitioner has got no criminal antecedent and is in custody since 02.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 38 of 2018.

(S. Kumar, J) Rajiv/Manoj U T