Rajiv Kumar @ Rajeev Kumar @ Raju Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3105 of 2017 Arising Out of PS.Case No. -468 Year- 2014 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Rajiv Kumar @ Rajeev Kumar @ Raju Sahay, S/o Kamini Kant Sahay, resident of Village Bhore Sahpur, P.S. Khanpur, District Samastipur, Present Address Village Mohanpur, P.S. Samastipur Muffasil, DistrictSamastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Muffasil P.S. Case No. 468 of 2014 instituted for the offence under Sections 341, 326, 307, 504, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that one Ranjan Verma called the brother of the informant Gaurav Mohan on pretext that somebody want to see his land to purchase and they are on the plot and he went there. It is further alleged that Ranjan Verma was talking that matter would be compromised with Ramshankar Triyar @ Baba. It is further alleged that the informant saw that the petitioner and Satyam Triyar along with 4-5 unknown persons were assaulting the brother of the informant and ultimately fired upon him with

Patna High Court Cr.Misc. No.3105 of 2017 (3) dt.16-03-2017 2/2 pistol and fled away.

It has been submitted on behalf of the petitioner that the petitioner has been implicated in this case merely because he is maternal uncle (mama) of Satyam Triyar which fact finds mention in the written report.

Case diary has been received.

The injury report of the injured is mentioned in paragraph-54 of the case diary wherein the doctor has found injury No. 1 in the jaw, to be grievous whereas injury Nos. 2 and 3 are simple in nature.

From the written report it appears that there is no any specific overt act against the petitioner.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Sub Divisional Judicial Magistrate, Samastipur, in connection with Muffasil P.S. Case No. 468 of 2014, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T