IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.3934 of 2011
MITHILESH RAJBANSHI AND ORS.
Versus
THE STATE OF BIHAR
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04/ 26.03.2011 Heard learned counsel for the petitioners as well as learned
Addl. P.P. for the State.
Petitioners seek their bail in connection with Fatehpur P.S.
Case no. 91/2010 registered under sections 147, 148, 149, 302 and
201 of the IPC.
Petitioners are named in the first information report but
admittedly, no specific overt-act has been attributed against them. It is
an admitted position that the dead boy of the deceased was recovered
from a well.
The contention of the learned counsel for the petitioners is
that one Balki Devi who happens to be sister-in-law of the petitioner
no.2 had lodged Fatehpur P.S. Case no. 107/2008 against the
informant of this case and some other persons and the informant has
brought the instant case in retaliation to the above stated case. It is
also pointed out by him that co-accused Moti Rajbanshi and Birju
Rajbanshi have already been exonerated from this case by the police
official.
Considering this aspect of the matter that none has seen the
actual killing of the deceased, let petitioners, Mithilesh Rajbanshi,
Suresh Rajbanshi and Ram Swaroop Rajbanshi, be released on bail on
furnishing bail bonds of Rs 10,000/- each with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate, Gaya,
in Fatehpur P.S. Case no. 91 of 2010.
shahid (Hemant Kumar Srivastava,J)