Rama Kant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15208 of 2015 Arising Out of PS.Case No. -134 Year- 2009 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rama Kant Rai, S/o Late Raja Ram Rai, Resident of Village Katkuiya Tola Ghusukpur, P.S. Chiraiya, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anuj Kumar, Advocate For the Informant : Mr. Ravindra Kumar, Advocate For the State : Mr. Ajay Kumar-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-06-2015 Heard the learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149,307 of the Indian Penal Code, later on Section 302 of the Indian Penal Code was added and Section 27 of the Arms Act.

It is submitted that there is no allegation against the petitioner to have shot fire on the deceased Ram Naresh Rai. The allegation against the petitioner is to have shot fire, which caused injury to the informant. After investigation, the police has submitted final form, even thereafter, the learned Magistrate has taken cognizance differing with the view of the police. The learned counsel for other side submits that the injury caused to the informant by the petitioner has been corroborated by

Patna High Court Cr.Misc. No.15208 of 2015 (2) dt.03-06-2015 2/2 the injury report and the petitioner has also criminal antecedent. He is also an accused in Chiraiya P.S. Case No.98/2005 apart from the case mentioned in paragraph 3 of the bail petition. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Sudhir Sinha, learned Judicial Magistrate 1st Class, Sikrahna, Motihari/court concerned in Ghorasahan P.S. Case No.134 of 2009 after framing of charge with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T