Chhakuri Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15039 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Chhakuri Rai, Son of Hari Kishore Rai, Resident of village - Baghi Math, P.S. Sitamarhi, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-07-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 326, 307, 379, 504 of the Indian Penal Code, later on, Section 302 IPC was added and Section 27 of the Arms Act.

The allegation against the petitioner is to have assaulted the deceased with iron rod.

It is submitted that there is specific allegation of assault is against the co-accused Ram Kewal Rai, who shot fire on the deceased, which caused his death. The post mortem examination report shows that there was only one fire shot injury to the

Patna High Court Cr.Misc. No.15039 of 2015 (3) dt.22-07-2015 2/2 deceased, which caused his death. The petitioner has no criminal antecedent. However, after investigation, charge sheet has already been submitted and there is no chance of tempering with the evidence.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi P.S. Case No. 116/2015 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T