Subash Kumar Rai @ Subash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45501 of 2014 Arising Out of PS.Case No. -105 Year- 2014 Thana -ISHAKCHAK District- BHAGALPUR ======================================================

1. Subash Kumar Rai @ Subash Rai Son of Late Suran Rai @ Sorain Rai Resident of Mohalla-Goraiya Tola, Bishahari Asthan, P.S.-Ishakchak, District-Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and learned Additional Public prosecutor.

The petitioner Subash Kumar Rai@ Subash Rai apprehends his arrest in connection with Ishakchak P. S. Case No. 105/2014 registered for allegedly committed offences punishable under Sections 341, 328, 307/34 of the Indian Penal Code. The First Information Report in brief is that the informant and the petitioner were running a hotel near railway station. It was alleged that this petitioner along with one Munna Singh under a conspiracy had forcibly given sulfas tablet and rat killing medicine into the mouth of the informant due to which foam and blood started coming out from the mouth of the informant, thereafter, the family members of the informant took

Patna High Court Cr.Misc. No.45501 of 2014 (3) dt.22-04-2015 2/2 him in an unconscious position to Mayaganj Hospital, Bhagalpur where he has been admitted and under going treatment. The case diary of the said Ishakchak P.S.Case No. 105/2014 had been called for on 24.12.2014 which has been received.

From perusal of paragraphs 14, 15 and 29 of the case diary, it appears that none of the witnesses have seen the occurrence.

In the facts and circumstances stated above, the petitioner above named, in the event of his surrender or arrest within two months from today, shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Bhagalpur in connection with Ishakchak P. S. Case No. 105/2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J) Sudha/- U T