Shambhu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.44824 of 2015 (3) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44824 of 2015 Arising Out of PS.Case No. -165 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ====================================================== Shambhu Rai, son of late Baidhnath Rai, Resident of Vill- Narha Dhab Tola, P.S- Majorganj, Dist- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sumit Kumar Jha For the Opposite Party : Mr. Pradeep Narayan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2015 Heard the counsel for the petitioner, informant and counsel for the State.

The petitioner is languishing in jail since 12.07.2015 in a case instituted under Sections 341, 323, 326(A), 307, 379, 504 and 506/34 of the Indian Penal Code.

As per prosecution case, when the informant's husband was returning to his house after taking Rs.70,000/- from Harendra Jee and as soon as reached near the house of Shyam, all of a sudden, petitioner caught him and abused him and on protest accused Shyam Rai gave knife blow to him with intention to kill and accused Rambhu Rai poured acid in the eyes of her husband which damaged both of his eyes and his body got burnt. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.44824 of 2015 (3) dt.18-12-2015 the petitioner is in custody since 12.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. Petitioner has no got no criminal antecedent. There is no injury attributed against the petitioner. The specific allegation is against the other co-accused Shyam Rai for giving a knife injury and co-accused Rambhu Rai who is said to have thrown acid. It is further submitted that the petitioner may be released after completion of six months in custody from 12.07.2015.

On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of six months in custody from 12.07.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned CJM, Sitamarhi in connection with Majorganj P.S.Case No.165 of 2015.

(Sudhir Singh, J) B.Kr./- U T