Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26173 of 2016 Arising Out of PS.Case No. -91 Year- 2013 Thana -SAHAR District- BHOJPUR ====================================================== Manoj Rai Son of Sri Ram Naresh Rai Resident of Village- Baruhi, Police Station Sahar in the district of Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhileshwar Pd. Singh, Sr. Advocate For the State : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

It is contended that so far the petitioner is concerned, there is an allegation of assault by fists and slaps whereas other accused persons, who had assaulted by Khanti etc., have already been acquitted of the criminal charges vide the judgment dated 18.12.2015 delivered in Sessions Trial No. 84/2014 arising out o Sahar Police Station Case No. 91/2013. It has been held in the judgment that there is nothing to prove the allegation levelled against the accused personas as another story has come up that the deceased had fallen in a drainage when he was stepping over the

Patna High Court Cr.Misc. No.26173 of 2016 (2) dt.04-07-2016 ladder and, thereafter, he died during the course of treatment. Having regard to the facts and circumstances of the case, let the abovenamed petitioner, namely, Manoj Rai, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Sahar Police Station Case No. 91 of 2013 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) SC/- U