Shankar Rai @ Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31870 of 2019 Arising Out of PS. Case No.-293 Year-2015 Thana- SUGAULI District- East Champaran ====================================================== Shankar Rai @ Shankar Yadav Son of Gagandeo Rai Resident of Village - Roshanpur Sapaha, P.s.- Sugauli, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 447, 323, 307, 302, 504/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that the accused persons having armed with gun, lathi, Bhala etc came to the land of informant and started abusing. On protest, the accused persons fired which hit driver of the tractor who died instantaneously on the spot.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-02-2019. Charge sheet has already been submitted. The petitioner is said

Patna High Court CR. MISC. No.31870 of 2019(2) dt.14-05-2019 2/2 to be a member of unlawful assembly. No specific overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 293 of 2015. (Sudhir Singh, J) A.K.V.//- U T