IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37170 of 2010
NIRPENDRA RAI son of Nirmal Rai R/o village
Neelkanth Tola Goraiyasthan P.S. Maner, Dist. Patna
...petitioner.
Versus
STATE OF BIHAR O.P.
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2 08.10.2010 Heard the parties.
In a criminal prosecution registered under section 302/149
and some other allied offences under the Indian Penal Code as also
under section 27 of the Arms Act, though petitioner is named in the
FIR vide annexure-2 as an accused, but allegation in the FIR is
general and omnibus. No specific role has been assigned to the
petitioner for committing the offence of murder of the deceased or for
causing injury to the informant.
It is further highlighted that the petitioner is in judicial
custody since 12.12.2006 and case is still pending before the learned
A.C.J.M, Danapur and has not even committed to the court of
Sessions.
Taking into consideration the period of incarceration and
taking into consideration the ratio laid down by this Court in the case
of Sattan Ram Vs. State of Bihar, reported in 2010(2) B.L.J.,91, the
above named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of like
amount each to the satisfaction of A.C.J.M, Danapur in connection
with Maner P.S. Case no. 205 of 2006.
( Birendra Prasad Verma, J )
M.Rahman