Patna High CourtCR. MISC./40184/2017allowed

Binod Rai v. The State Of Bihar

2017-09-21Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.40184 of 2017 (02) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40184 of 2017 Arising Out of PS.Case No. -418 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Binod Rai, Son of Kamal Rai Resident of village- Hardaspur At present village- Mohanpur Pather Ghat, P.S.- Patory (Mohanpur O.P.), DistrictSamastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha-Advocate For the Opposite Party/s : Mr. Prem Kumar Jha-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

While informant, her husband along with her Dewar were going to the place of Mohan Rai for getting ration from P.D.S. Shop, in midst of way, found assemblage of people behind the house of Sipahi Rai. On account thereof, they have also gone there. They have seen Ram Narayan Rai, Garvdeo Rai and Bindeshwar Rai engaged in forcibly ploughing the field of Sipahi Rai, which was being resisted by Sipahi Rai. Deceased, her husband intervened and suggested that matter be sorted out seeing the respective document, whereupon they ordered their family members to eliminate the deceased as he acted like Panch

Patna High Court Cr.Misc. No.40184 of 2017 (02) dt.21-09-2017 whereupon, the person including the petitioner came, armed with gun as well as other lethal weapon and then, it has specifically been incorporated "Garvdeo Rai ordered Binod Rai, son of Baijnath Rai to shot at Laldeo, whereupon Binod Rai fired causing over neck of her husband, who died." This line denotes that firing was made by Binod Rai, son of Baijnath Rai. Petitioner Binod Rai, son of Kamal Rai, who stood at serial no.12 of the column of the accused having no specific allegation. Accordingly, petitioner, Binod Rai, son of Kamal Rai is directed to 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 the learned Chief Judicial Magistrate, Samastipur in connection with Patory (Mohanpur O.P.) P. S. Case No.418 of 2016.

(Aditya Kumar Trivedi, J) Vikash/- U T