IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.359 of 2011
1. MANAN RAI, SON OF LATE GOPAL RAI @ GOPAL PRASAD RAI
2. SANJAY RAI, SON OF LATE UMASHANKAR RAI
3. SHIVJEE RAI, SON OF SRI HARISHANKER RAI
4. DEEPAK RAI, SON OF SH. BINDESHWARI RAI
5. DABLOO GIRI @ PRAMOD KUMAR SHARMA, SON OF SHRI KRISHNESHWAR
PRASAD SHARMA.
6. RAVI RAI, SON OF LATE CHHATHU RAI
ALL RESIDENT OF VILLAGE-DAHIYAWAN, P.S.-CHAPRA TOWN, P.O.-CHAPRA,
DISTRICT-SARAN AT CHAPRA.
.....Appellants.
Versus
THE STATE OF BIHAR .....Respondent.
For the Appellants : Mr. Sumant Singh, Advocate.
For the Respondent : APP.
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03/ 27.06.2011 Heard learned Counsel for the
appellants and learned Counsel for the
State with regard to prayer of the above
named six appellants for releasing them on
bail.
The case is based upon alleged
oral dying declaration of the deceased
which was made at a hospital where the
victim was initially treated. The
prosecution case is that when the victim
was being carried to Patna for further
treatment then he succumbed to the
injuries.
Submission is that no evidence has
come that the victim was initially treated
by whom or in whose presence the dying
declaration was made. The chain of
2
circumstances is not completed.
Considering the facts and
circumstances, the appellants namely, Manan
Rai, Sanjay Rai, Shivjee Rai, Deepak Rai,
Dabloo Giri and Ravi Rai, during the
pendency of the appeal are directed to be
released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the
satisfaction of Shri Gangotri Ram Tripathi,
the learned XIth Additional Sessions
Judge/his successor court, Saran at Chapra
in connection with Sessions Trial No. 66 of
2010.
(Shyam Kishore Sharma, J.)
(Rajendra Kumar Mishra, J.)
kksinha/-