Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25097 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Suresh Rai S/o Late Asharfi Rai Resident of Village Jadhua Pokhar, Police Station Hajipur Town, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan Kumar For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State.

The petitioner is in custody in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and subsequently added Section 302 of the Indian Penal Code. The prosecution case, in brief, is that the informant has given his fardbeyan before the S.I. of Hajipur Town P.S. on 04.02.2014 informing that he is in the business cattle in his village and on 04.02.2014 a group of sixteen persons named in the F.I.R. and 40-50 unknown persons armed with Lathi, Bhala, Gun and pistol came to his place and they tried to took away his she-buffalo. On being resisted they assaulted him badly with butt of pistol and took away Rs. 10,000/- and his golden chain of Shambu Yadav, who came

Patna High Court Cr.Misc. No.25097 of 2015 (2) dt.21-07-2015 there for his rescue. In the scuffle another villagers have also suffered injuries and one Raghubir Rai who has suffered serious injuries died while taking to hospital for treatment. On the basis of the said fardbeyan Hajipur Town P.S. Case No. 100 of 2014 has been instituted.

It is submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2015. It is further submitted that charge sheet has been filed in the present case. There is no allegation against the petitioner for causing any injury upon the deceased. The only allegation against the petitioner is that he assaulted the brother of the informant with the butt of pistol.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 100 of 2014. (Sudhir Singh, J) Chandran U T