High Court Patna High Court - Orders

Ram Dayal Rai vs The State Of Bihar on 23 February, 2011

Patna High Court – Orders
Ram Dayal Rai vs The State Of Bihar on 23 February, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr. Misc. No.4638 of 2011
             Ram Dayal Rai, Son of Late Sita Rai, R/o-Vill.-Raghopur-Purbi,
             P.S.-Guraonpur, District-Vaishali.                     -Petitioner.

                                         VERSUS
             The State of Bihar                                          -Opposite Party.
                                         -----------

02 23.02.2011 The petitioner is in custody in relation to

Raghopur P.S. Case No.95 of 2010 instituted under Section

307/34 and other sections of the Indian Penal Code.

It is alleged that when the informant and his

brother were returning in the night after closing the shop, they

were surrounded by four persons. When the petitioner tried to

defend himself with lathi one of them shot the petitioner hurting

the petitioner. Informant and his brother raised hulla and

villagers assembled there and started searching the miscreants.

He had seen a person and tried to catch him. He escaped and

hide himself in a house of another villager. When the house was

surrounded by the villagers, the petitioner was caught and

handed over to the police.

Learned counsel for the petitioner states that

petitioner is innocent and is the resident of the same village. If

the petitioner was seen by the informant, the informant should

have named the petitioner at the very first instance. It is further

submitted that no where in the F.I.R. it is alleged that it was the

person who has shot the informant.

Be that as it may, let the petitioner above-named
-2-

be released on bail on furnishing a bail bond of Rs.10,000/-

(Rupees Ten Thousand) with two sureties of like amount each

to the satisfaction of the C.J.M., Vaishali at Hajipur in

connection with Raghopur P.S. Case No.95 of 2010.

Trivedi/                      (Navaniti Prasad Singh, J.)