Sanjay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67400 of 2018 Arising Out of PS. Case No.-11 Year-2017 Thana- RAGHOPUR District- Vaishali ====================================================== Sanjay Rai, son of late Hanuman Rai, Resident of Village- Nagargama, P.S.- Raghopur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 18-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Raghopur P.S. Case No.11 of 2017 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.
Counsel for the petitioner submits that petitioner has been implicated in this case due to previous enmity. The informant was veteran criminal and several cases were lodged against him, which has been mentioned, in detail, in para 9, 10 and 11 of the bail application. In para 10 of the bail application, it is mentioned that informant had attempted to kill the father of the petitioner and his uncle causing gun shot injury for which Raghopur P.S. Case No.18 of 2000 was lodged against him. It is also mentioned in para 10 of the bail application that informant
Patna High Court Cr.Misc. No.67400 of 2018(4) dt.18-12-2018 2/3 caused gun shot injury to Bhagawan Mahto for which Jurawanur P.S. Case No.88 of 1990 was lodged. Both the cases are pending for trial.
In the instant case, informant has alleged that he got information from his son Ranjeet that three persons came on motorcycle. Shashi Rai was driving the motorcycle. This petitioner along with Mithilesh Rai were sitting on the motorcycle. This petitioner fired gun shot injury on his brother due to which he received serious injury and subsequently died. Statement of Ranjit has been recorded in para 21 of the case diary, wherein, he has sated that he saw this petitioner and other accused persons running away from the place of occurrence. He has not stated before the police that he has seen this petitioner making firing.
From the written report, it is apparent that informant is not an eye witness.
Petitioner is in custody since 23.04.2018 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial
Patna High Court Cr.Misc. No.67400 of 2018(4) dt.18-12-2018 3/3 Magistrate, IV, Vaishali at Hajipur, in connection with Raghopur P.S. Case No.11 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T