Patna High CourtCR. MISC./11575/2017bail granted

Raj Kishore Rai @ Jhotahana @ Bilariya v. The State Of Bihar

2017-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11575 of 2017 Arising Out of PS.Case No. -10 Year- 2010 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Raj Kishore Rai @ Jhotahana @ Bilariya Son of late Buchi Rai Resident of Village Pakara, Police Station Naugachia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Naugachia P.S. Case No. 10 of 2010 instituted for the offence under Section(s) 302, 120B of the Indian Penal Code and Section 27 of the Arms Act. As per written report, this petitioner along with other accused persons made 10-12 rounds of firing on the person of nephew of the informant who died on the spot. The case diary has been received.

In the case diary, there is statement of the wife of the deceased in para 12, wherein she has taken the name of this petitioner along with one Ram Chandra Rai. She has further stated that at the time of occurrence, she was in her house.

Patna High Court Cr.Misc. No.11575 of 2017 (3) dt.24-04-2017 2/2 It has been submitted on behalf of the petitioner that co-accused Ram Chandra Rai has already been acquitted after facing trial. It has further been submitted that other co-accused has been granted anticipatory bail vide Cr. Misc. No. 48062 of 2013. The petitioner is said to be in custody since 20.04.2016.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District & Sessions Judge, Naugachia in connection with Sessions Trial No. 471A of 2011, arising out of Naugachia P.S. Case No. 10 of 2010, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T