IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30437 of 2010
RAM SHRESTHA PRASAD @ RAMSHRESHTRA RAUT
Versus
STATE OF BIHAR
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03 01.12.2010 Heard learned counsel for the petitioner as well as
learned P.P. for the State.
Although there is allegation of indiscriminate firings
against the petitioner and four persons have sustained fire arm
injuries, but admittedly a complaint case has been filed by the wife
of the petitioner after institution of the police case and
furthermore, Para 17 of the case diary reveals that some superficial
injuries have been received by the petitioner also. It appears from
perusal of the F.I.R. that alleged occurrence took place on account
of dispute of drainage. Moreover, all the injured have received
simple injuries said to be caused by fire arm and except one
injured, namely, Sonalal Raut, none of the injured have received
fire arm injury on their vital part of the body. So far as Sonalal
Raut is concerned, he sustained one irregular circular penetrated
wound in diameter of ΒΌ” on left abdomen and the opinion
regarding the aforesaid wound was kept reserved till receipt of the
X-Ray but learned counsel for the petitioner points out that X-ray
report has not been received as yet.
Considering the aforesaid submissions as well as this
aspect of the matter that petitioner is languishing in judicial
custody since 16.03.2010, I direct the petitioner, namely, Ram
Shrestha Prasad @ Ramshreshtra Raut, to be released on bail on
2
furnishing bail bonds of Rs. 10,000/- with two sureties of the like
amount each to the satisfaction of S.D.J.M, Raxaul at Motihari
District- East Champaran in connection with Ramgarhwa P.S.
Case No. 36 of 2010 registered under Sections 307, 504, 506 of
the I.P.C. and 27 of the Arms Act.
Shahzad ( Hemant Kumar Srivastava, J.)