Patna High CourtCR. MISC./62238/2018bail granted

Rambabu Rai v. The State Of Bihar

2018-11-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62238 of 2018 Arising Out of PS.Case No. -298 Year- 2018 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Rambabu Rai, son of Rajendra Rai, residnet of village-Hardiya Tola, P.S.- Runnisaidpur, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Runnisaidpur P.S. Case No.298 of 2018 instituted for the offence under Section(s) 302, 120-B Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that on the date of occurrence this petitioner along with co-accused, Saroj Rai and Rakesh Rai, fired shot at the son of the informant. The informant and other villagers arrived and the accused persons fled away. Son of the informant was taken to SKMCH, but he died during course of treatment.

Counsel for the petitioner submits that postmortem report is available in case diary, wherein, doctor has found only one wound of entry and exit on the person of the deceased. In the

Patna High Court Cr.Misc. No.62238 of 2018 (3) dt.01-11-2018 2/2 written report, it is alleged that three persons had fired. Therefore, as per written report no specific allegation of causing fire arm injury is attributed to this petitioner. Petitioner is in custody since 29.05.2018 having clean antecedents.

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 Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No.298 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T