Jantu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33640 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- PATORI District- Samastipur ====================================================== JANTU RAI Son of Late Kalpu Rai Resident of Village- Uttari Dumari, P.S.- Patory (Mohanpur O.P.), District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Singh, Adv.
For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard Mr. Rudal Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Patori (Mohanpur OP) PS Case No. 248/2020 registered for the offences punishable under Sections 147, 149, 341, 302, 323, 504 of the IPC and Section 27 of the Arms Act.
The allegation against the petitioner as, per First Information Report, is that he ordered one co-accused, Surendra Ray to kill the informant upon which Surendra Ray fired upon the son of the informant namely, Ranbir Ray due to which, he died in the hospital.
Learned counsel for the petitioner submits that altogether ten persons are named in the FIR and there was
Patna High Court CR. MISC. No.33640 of 2021(2) dt.21-12-2021 2/2 scuffle between the parties on the point of obstruction of the road and blocking flow of water. He next submits that from perusal of the FIR, it would be evident that the petitioner is not the main assailant rather he is an order giver. Learned counsel for the petitioner further submits that both the parties are agnates and petitioner is in custody since 20.01.2021 and the charge-sheet has been submitted.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is an order giver and he is in custody since 20.01.2021 and charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, JANTU RAI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 2nd , Samastipur in connection with Patori (Mohanpur OP) PS Case No. 248/2020.
(Anil Kumar Sinha, J) perwez U T