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Patna High CourtCR. MISC./70729/2018bail granted

Nitish Kumar Ray @ Nitish Kumar @ Nitish Kumar Ray v. The State Of Bihar

2018-12-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70729 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== Nitish Kumar Ray @ Nitish Kumar @ Nitish Kumar Ray, Son of Late Ram Ekabl Rai @ Lalo Rai, resident of Village- Saidpur, P.S. Ujiarpur, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the informant : Mr. Dharmendra Kr. Singh, Advocate. For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Bachhwara P.S. Case No. 95 of 2018 instituted for the offence under Sections 147, 148, 149, 120(B), 302 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is specific allegation against co-accused Bhushan Yadav of causing firearm injury to the husband of informant, on account of which, he fell down on the ground with bleeding and subsequently died. Allegation against petitioner is that he came along with Bhushan Yadav on Motorcycle.

Post mortem report has been enclosed as Annexure-2

Patna High Court Cr.Misc. No.70729 of 2018(2) dt.04-12-2018 2/2 wherein the Doctor has found one firearm injury on the person of the deceased.

Counsel for the informant has appeared and opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Begusarai, in connection with Bachhwara P.S. Case No. 95 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T