Lal Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34181 of 2016 Arising Out of PS.Case No. -319 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Lal Babu Rai Son of Shobhhit Rai, Resident of village - Mohanpur, P.S. Piprahi, District - Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offence under Sections 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that on 28.12.2015 the informant was returning from market after purchasing vegetable to his village on his motorcycle, the accused persons including the petitioner on two motorcycles came and started firing on the informant, as a result of which the informant sustained three fire arm injures and became injured and then fell down and the accused persons fled away.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.34181 of 2016 (3) dt.29-09-2016 2/2 the petitioner is in custody since 20.4.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether six persons are named in the F.I.R. including the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed. It is further submitted that the petitioner may be released after completion of six months in custody from 20.4.2016.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of six months in custody from 20.4.2016 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 No.3, Sitamarhi in connection with Riga P.S. case No.319 of 2015.

(Sudhir Singh, J) Narendra/- U T