Bijesh Rai @ Brijesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45332 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -JAMOBAZAR District- SIWAN ====================================================== Bijesh Rai @ Brijesh Rai S/o Binda Rai resident of village - Jalalpur Kala, P.S. Sidhwalia, District - Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Nikhil Kumar Agrawal, Advocate.
For the Opposite Party : Mr. Ambika Bhagat(Spl.App) For the Informant : Mr. Ajay Kr. Pandey, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2015 Heard both sides.
The petitioner seeks bail in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Sections 3(2V) of the SC/ST Act. The informant named four persons namely Binda Rai, Parma Rai, Bijesh Rai @ Brijesh Rai the petitioner and Dinesh Rai and alleged that their buffalos were grazing the fields of the informant. When the informant and his brothers Mithun Kumar Baitha and Buteli Baitha went there, on the order of the petitioner and others Binda Rai is alleged to have pierced the spear in the abdomen of Mithun Kumar Baitha and also assaulted Buteli Baitha with spear. No specific allegation of assault is made against the petitioner. The petitioner is in jail since 25.03.2015.
Patna High Court Cr.Misc. No.45332 of 2015 (2) dt.30-09-2015 2/2 Learned counsel for the informant as well as the learned Spl. P.P. vehemently opposed the prayer for bail. Considering the facts aforesaid and the fact that the petitioner is not the assailant of the deceased, the petitioner above named is directed to be enlarged 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, Siwan in Jamo Bazar P.S. Case No. 20 of 2015. (Prabhat Kumar Jha, J.) KKSINHA/- U T