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Patna High CourtCR. MISC./30382/2015bail granted

Sahendra Rai @ Shahindra Rai v. The State Of Bihar

2015-08-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30382 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -RAGHOPUR District- VAISHALI (HAJIPUR) ====================================================== Sahendra Rai @ Shahindra Rai, Son of Naval Rai @ Neval Kishor Rai, Resident of Village - Raghopur, West Jurawanpur, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Dasrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that some altercations took place due to construction of roof. The construction work was stopped. Thereafter, the informant and his uncle Anant Kumar @ Akalu Rai proceeded to Patna but, in the meantime, the petitioner and other accused persons intercepted the informant and his uncle. They assaulted them and Sonu Kumar fired on the chest of Anant Kumar @ Akalu Rai. Anant Kumar @ Akalu Rai died on the way to hospital. No specific allegation is made against the petitioner. Similarly situated accused, namely, Golu Kumar @ Avisek Kumar, who is the son of the petitioner, has already been granted

Patna High Court Cr.Misc. No.30382 of 2015 (2) dt.13-08-2015 2/2 bail vide order passed in Cr. Misc. No. 21033/2015. However, learned counsel for the informant and learned A.P.P. have opposed the prayer for bail. It appears that no specific allegation is made against the petitioner. Sonu Kumar is the assailant of the deceased and the deceased got single firearm injury on chest and consequently he died.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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, Vaishali at Hajipur, Distt. Vaishali in Raghopur P.S. Case No. 6 of 2015.

(Prabhat Kumar Jha, J) Dilip/- U T