Dashrath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64986 of 2019 Arising Out of PS. Case No.-83 Year-2017 Thana- RAGHOPUR District- Vaishali ====================================================== DASHRATH RAI Son of Sukul Rai Resident of Village - Mirampur, P.S.- Raghopur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Raghopur P.S. Case No. 83 of 2017 for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the specific allegation of firing upon the deceased is attributed to Jagbali Rai and the petitioner happens to be the order giver only. Moreover, the post- mortem report shows that the

Patna High Court CR. MISC. No.64986 of 2019(3) dt.04-11-2019 2/2 deceased got only one gun shot injury on the body of the deceased. The petitioner is rotting in judicial custody since 22.01.2019.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge (Excise), Vaishali at Hajipur in connection with Raghopur P.S. Case No. 83 of 2017.

(Arvind Srivastava, J) brajesh/- U T