Jagdish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32349 of 2015 Arising Out of PS.Case No. -329 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Jagdish Rai S/o Sri Murli Rai Resident of Village Rajasan, Rajaso, P.S. Bidupur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rathore Vasundhara For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 302/120(B) of the Indian Penal Code and section 27 of the Arms Act. Case diary in the present case was called for which has since been received.

Learned counsel for the petitioner submits that the instant case has been lodged against this petitioner only because there was some monetary transaction of interchanging some money between the husband of the informant and this petitioner. Admittedly there is no eye witness to the occurrence and it is stated in the case diary that six unknown persons came on three

Patna High Court Cr.Misc. No.32349 of 2015 (3) dt.03-11-2015 motor cycles and after chasing the husband of the informant, shot him dead.

Considering the fact that there is only a remote allegation against the petitioner that he had entered into some monetary transaction with the husband of the informant and there is no cogent material against the petitioner, the petitioner, above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall 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 in connection with Vaishali P.S. Case No 329 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Anjana Mishra, J) Amin/- U