IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1182 of 2010
SIPAHI RAI & ANR
Versus
STATE OF BIHAR
-----------
2/ 7.10.2010 This appeal will be heard.
Call for the lower court records from the court of 3rd
Additional Sessions Judge, Saran at Chapra of S.T. No. 105 of 2007.
Appellant no. 1 Sipahi Rai has been convicted under section
302/149, 148 and 307/149 of IPC as well as sections 3 and 4 of
Explosive Substances Act. Appellant no. 2 Rajeshwar Rai has been
convicted under sections 302/149, 148 and 307/149 of the IPC and
section 27 of the Arms Act. None of the two appellants is the assailant of
the deceased persons. There is no specific allegation against appellant no.
1. Appellant no. 2 is said to have fired at the son of the informant Vikas
kumar causing some injuries. He has also assaulted the informant with
the butt of the pistol. Appellant no. 1 has been in custody for two years
and appellant no. 2 for three years three months.
Considering this fact, prayer on behalf of the appellants for
bail is allowed. During the pendency of the appeal, let appellants Sipahi
Rai and Rajeshwar Rai be released on bail on furnishing bail bond of
Rs.10000/(ten thousand) each with two sureties of the like amount each
to the satisfaction of 3rd Additional Sessions Judge, Saran at Chapra in
S.T. No. 105 of 2007. Realization of fine shall remain stayed.
Anil/ (Mridula Mishra, J.)
( Dharnidhar Jha, J.)