Narad Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21248 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Narad Rai S/o Ramchandra Rai R/o Village- Balua, P.s Chiraiya, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar No.1 For the Opposite Party/s : Mr. Smt.Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered under sections 341, 307, 302/34 of the Indian Penal Code. Allegation against the petitioner is that while he was constructing stair case on the road leading to his house , objection was raised on which all the accused persons named in the F.I.R. assaulted the deceased and petitioner gave one bamboo blow on the head of the deceased which proved fatal. It has been submitted on behalf of the petitioner that single bamboo blow is said to have been given by him upon the deceased. Assuming the same to be true, it is a case under section 304 part -II. Further it has been submitted that the trial of
Patna High Court Cr.Misc. No.21248 of 2015 (2) dt.16-07-2015 2/2 the other co-accused was separated and they have been acquitted. The said judgment of the trial court is annexure-4 to the present case.
On behalf of the State it has been submitted that the petitioner is named in the first information report and the specific allegation of assault has been made against him. Considering the fact that other co-accused person sons have been acquitted in course of the trial, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Uma Shankar , J.M. Ist Class, Sikarhana at Motihari, East Champaran. (Sudhir Singh, J) M.Rahman/- U T