Ram Chandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61741 of 2018 Arising Out of PS.Case No. -343 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Ram Chandra Rai, Son of Late Laxmi Rai, resident of Village- Sabalpur, Chaharam, P.S.- Sonepur, District- Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate with Mr. Dhananjay Mishra, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP For the Informant : Mr. Dr. Rajesh Kumar Singh with M/S Anant Kumar Bhaskar, Sanjay Kumar Jha, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Sonepur P.S.Case No. 343 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegation as per FIR is that accused Sakindra Rai @ Cycle Rai and Murari Rai asked the son of the informant to carry wine and when he refused he was assaulted by them and thereafter petitioner and other accused persons came and assaulted him due to which he sustained injuries and was taken to hospital where he died.

Submission of learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.61741 of 2018 (2) dt.11-10-2018 2/2 FIR itself shows that there is general and omnibus allegation against the petitioner and he is in custody since 3.7.2018 and moreover he is aged 75 years.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that petitioner is named in the FIR and there is also allegation of assault against the petitioner.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran, Chapra, in connection with Sonepur P.S.Case No. 343 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T