Patna High CourtCR. MISC./21200/2015bail granted

Mukesh Rai And ORS. v. The State Of Bihar

2015-09-02Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.21200 of 2015 (3) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21200 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Mukesh Rai S/o Sri Bhagwan Rai

2. Chandrama Rai S/o Late Sirish Rai

3. Vijai Rai S/o Late Sirish Rai

4. Arvind Rai S/o Late Sirish Rai

5. Virendra Rai S/o Late Fulena Rai

6. Lal Babu Rai S/o Late Fulena Rai

7. Sonu Rai @ Sonu Kumar S/o Lal Babu Rai

8. Pappu Rai @ Pappu Kumar, S/o Vishwanath Rai

9. Mahesh Rai S/o Late Indradeo Rai All Resident of Village Faijullahpur, P.S. Baikunthpur, District Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sunil Kumar, Advocate. For the State : Mr. Hirday Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Baikunthpur P.S. Case No. 42 of 2015 registered under Sections 147, 148, 149, 447, 341, 323, 324 and 302 of the Indian Penal Code.

There is specific allegation against Mukesh Rai who gave dagger blow on the chest of the deceased and other accused persons assaulted him by rod and Arvind Rai pressed his neck with rod till his death.

Patna High Court Cr.Misc. No.21200 of 2015 (3) dt.02-09-2015 Learned counsel for the petitioners submits that there is neither any injury on the neck nor injury on the chest of the deceased and death has not stated to be strangulation, though, injury report shows bruise injury on his face and hence contended that informant is not eye witness to the occurrence. Having regard to the facts and circumstances of the case, the above named petitioners except petitioner no. 6, Lal Babu Rai, in the event of their arrest/surrender within a period of four weeks from today in the court below shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A. K. Tripathi Judicial Magistrate, 1st Class, Gopalganj, in connection with Baikunthpur P.S. Case No. 42 of 2015, subject to condition as laid down under Section 438(2) of Cr.P.C.

m.p.

(Gopal Prasad, J) U T