IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23482 of 2010
SAUKHI RAI @ SAUKHILAL YADAV
Versus
STATE OF BIHAR
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2. 20.09.10. Learned counsel for the petitioner is
permitted to make necessary correction in prayer
portion of the petition.
Heard learned counsel for the petitioner
and the State.
The petitioner more than 72 years old is
languishing in custody since 22.11.2009 in a
case registered under Sections 147, 148, 149,
302 120(B)of the I. P. C., Section 27 of the
Arms Act and Section 17 of the C. L. A. Act.
It is alleged that several people
entered into the house and first killed the
daughter-in-law of the informant by gun shot and
thereafter slitted the neck of son of the
informant.
It is submitted by the learned counsel
for the petitioner that though the petitioner is
named in the F.I.R. alongwith other but being
Mukhiya of local Panchayat has clean antecedent
and the statement to that effect has been made
in the petition. It is further submitted that
with regard to the other F.I.R. named accused
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accusation has been found false by the police.
But subsequently cognizance was taken but has
been granted bail vide Cr. Misc. No. 19852 of
2009.
Mr. Mehta learned counsel appearing on
behalf of the State submits that the petitioner
used to threat the victim even prior to the
occurrence.
It is further submitted on behalf of
the petitioner that the deceased Rabindra Singh
was main accused in a murder case hence in
retaliation to that the present occurrence taken
place.
Considering the age and clean antecedent
of the petitioner and part of accusation found
false by investigating agency, let the
petitioner above named be released on bail on
furnishing bail bond of Rs.10,000/-(Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned
Additional Sessions Judge, F.T.C.No.2, Sheohar
at Sitamarhi in connection with Tariyani P.S.
Case No. 73 of 2008, Sessions Trial No. 409 of
2010.
The learned court below will be at
liberty to cancel the bail of the petitioner if
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he fails to appear on three consecutive dates
during trial.
U.K. (Dinesh Kumar Singh,J.)