IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.18631 OF 2011
SANTOSH YADAV, SON OF LATE RAJENDRA SINGH, RESIDENT OF VILLAGE
BALIYA, POLICE STATION NATWAR, DISTRICT ROHTAS
VERSUS
THE STATE OF BIHAR
WITH
CR.MISC. NO.18113 OF 2011
MUNNA RAI @ MUNNA ROY, SON OF MARCHAI ROY, RESIDENT OF VILLAGE
BALIA, POLICE STATION NATWAR, DISTRICT ROHTAS
VERSUS
THE STATE OF BIHAR
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FOR THE S T A T E :- MR. RAM SUMARAN RAI, A.P.P.
MR. ANUJ KUMAR SHRIVASTAVA
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2 02/06/2011 Heard Counsel for the petitioner, the informant
and the A.P.P. appearing on behalf of the State.
The petitioners are accused in a case under
Section 302/34 of the Indian Penal Code. In connection
with the case, he has remained in custody since
24.01.2011.
In the First Information Report, there is an
specific allegation that Ajit Rai fired at the deceased,
which resulted in his death.
Learned Counsel for the petitioners referred to
the order dated 27.04.2011 passed in Criminal Misc. No.
12133 of 2011 by which the similarly situated co-accused
person, namely, Dhananjay Ray has been granted bail by
this Court.
Counsel for the informant refers to the order of
2
the Court below to submit that the Court below has
referred to several paragraphs of the case diary while
rejecting the prayer for bail of the petitioners.
On perusal of the order, I find that the Court
below has held that all the witnesses at paragraphs 34,
35, 36 and 37 have supported the case of the prosecution
and stated that the petitioner along with others was
present as a member of the mob during the occurrence.
This aspect of the matter has been considered
by this Court while granting bail to Dhananjay Ray in
Criminal Misc. No. 12133 of 2011. Therefore, I see no
reason to distinguish the case of these petitioners with
the case of Dhananjay Ray.
Accordingly, the above named two petitioners
are directed to be released on bail in Natwar Police
Station Case No. 08 of 2011 on furnishing bail bonds of
Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the Sub Divisional
Judicial Magistrate, Bikramganj, Rohtas.
Anand ( Sheema Ali Khan, J. )