Sambhu Nath Rai @ Sambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8214 of 2015 Arising Out of PS.Case No. -234 Year- 2014 Thana -SAHPUR District- BHOJPUR ====================================================== Sambhu Nath Rai @ Sambhu Rai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamlesh Prasad Yadav, Advocate. For the Opposite Party : Mr. M. K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that five accused persons including the petitioner were sitting in the maize crops field when Mantu Rai caught hold of son of the informant, Uday Rai instigated and Uma Shankar Rai caused injury with country made rifle to the son of the informant who died on spot.

It is submitted by learned counsel for the petitioner that accusation of firing is not against the petitioner. Post mortem report has been produced in Court, let it be kept on record, which suggests

Patna High Court Cr.Misc. No.8214 of 2015 (3) dt.04-03-2015 2 / 2 only one injury but the same is attributed to Uma Shankar Rai. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Shahpur (Bahrampur) P.S. Case No. 234 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T