Jitendra Rai @ Jitendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68494 of 2018 Arising Out of PS. Case No.-3 Year-2017 Thana- RAJEPUR District- East Champaran ====================================================== Jitendra Rai @ Jitendra Kumar Rai Son of Upendra Prasad Rai, Resident of Village- Fajilpur, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/ 447 /504 / 341/323/324/307/326/386 of the Indian Penal Code and Section 27 of the Arms Act. Later on offence under Section 302 of the IPC was added.

The petitioner allegedly caused injury with his gun to Ran Vijay Kumar at his leg. After eighty days of treatment Ran Vijay Kumar died of abdomen injury and septicemia as per injury report.

Submission is that the doctor did not find any injury caused by fire-arm on the person of the deceased as per post

Patna High Court CR. MISC. No.68494 of 2018(4) dt.09-04-2019 2/2 mortem report. Ran Vijay Kumar was never examined by the police before his death. The petitioner is in custody since 25.10.2017.

Considering entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajepur P.S. Case No.3 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T