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Patna High CourtCR. MISC./27158/2020bail granted

Jitender Rai @ Jitendra v. The State Of Bihar

2020-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27158 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- MANER District- Patna ====================================================== 1.

JITENDER RAI @ JITENDRA Son of Raghuwansh Rai Resident of Village- Naga Tola Goraiya Sthan, P.S.- Maner, District- Patna (Bihar). 2.

Nagender Rai @ Nagendra Rai Son of Chandeshwar Rai Resident of Village- Naga Tola Goraiya Sthan, P.S.- Maner, District- Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr. Ram Priya Saran Singh, APP For the Informant :

Mr. Satish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 302, 120B, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.27158 of 2020(2) dt.20-10-2020 2/2 The prosecution case in short is that the accused persons, variously armed, fired at the son of the informant due to which he died.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 09.06.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioner is said to be a member of unlawful assembly. There is no allegation of assault alleged against the petitioner. The main allegation of assault is against the co-accused namely Bihari Roy. Other co-accuseds have been granted bail vide Annexure-2 series to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each.

(Sudhir Singh, J) Pankaj/- U T