Patna High CourtCR. MISC./22770/2015bail granted

Bijli Rai v. The State Of Bihar

2015-07-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22770 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -BARH District- PATNA ====================================================== Bijli Rai son of Chaneshar Rai, resident of village- Sikandara, P.S.- Barh, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 13.04.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code.

It is alleged that the petitioner and four others assaulted the brother of the informant Ganauri Rai, who during treatment succumbed to the injuries.

It is submitted by learned counsel for the petitioner that there is omnibus and general accusation against the petitioner and others and the petitioner has no criminal antecedent. Statement to that effect has been made in para 3 of the petition.

Patna High Court Cr.Misc. No.22770 of 2015 (2) dt.10-07-2015 2/2 It is submitted by learned counsel for the informant that all the five accused persons including the petitioner made assault and five injuries have been found on the dead body of the victim, but learned counsel for the informant has failed to distinguish the case of similarly situated Rakesh Kumar, who has been granted bail vide Cr. Misc. No. 50957 of 2014 by a Coordinate Bench of this Court. Considering the fact that the accusation is omnibus and general, petitioner having no criminal antecedent and similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 25 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T