Patna High CourtCR. MISC./70668/2019bail granted

Bachchu Rai v. The State Of Bihar

2020-03-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70668 of 2019 Arising Out of PS. Case No.-212 Year-2011 Thana- PAROO District- Muzaffarpur ====================================================== 1.

BACHCHU RAI Son of Late Khakhan Rai Resident of Village - Jagdishpur Baya, P.S.- Paroo, District- Muzaffarpur 2.

Banti Rai @ Banti Lal Ray Son of Late Khakhan Rai Resident of Village - Jagdishpur Baya, P.S.- Paroo, District- Muzaffarpur ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Paroo P.S. Case No.212 of 2011 registered for the offence punishable under Sections 302/34, 384 and 504 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners, referring to the postmortem report, has submitted that the deceased died of firearm injury. He has submitted that though there is allegation against the petitioners of having assaulted the victim with fists and slaps, there is no allegation against them of having caused any firearm injury. He has further submitted that similarly situated co-accused Babu Lal Rai has been granted regular bail by this Court by order dated

Patna High Court CR. MISC. No.70668 of 2019(5) dt.16-03-2020 2/2 30.10.2012 passed in Cr. Misc. No. 39064 of 2012. The petitioners are in custody since June, 2019.

On perusal of the First Information Report, I find substance in the submission made on behalf of the petitioners that their cases are on similar footing with that of co-accused Babu Lal Rai, who has been granted regular bail by this Court. Considering the above, this application is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur, in Paroo P.S. Case No. 212 of 2011.

(Chakradhari Sharan Singh, J) Pawan/- U T