IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.17812 of 2010
UTTIM RAI
Versus
STATE OF BIHAR
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6 29.11.2010 Heard learned counsel for the petitioner as well
as learned counsel for the state.
In the written report of the informant, an omnibus
allegation of assault has been levelled against the petitioner
as well as other accused but subsequently, when
investigation began, the informant as well as wife of the
deceased said that it is the petitioner who gave rod blow on
the head of the deceased as a result of which, the deceased
died in course of his treatment. It is obvious from
supplementary affidavit filed on behalf of the petitioner that
earlier the fardbeyan of the informant was recorded in
Pirbahore Police Station on 17.01.2009. In the said
statement also, he has not stated about the specific role
played by the petitioner. Moreover, the petitioner is
languishing in jail custody since 20.12.2009.
Therefore, considering the aforesaid facts and
circumstances, and period of the detention of the petitioner
in custody, this bail petition is allowed. The petitioner, Uttim
Rai is directed to be released on bail on furnishing bail bond
of Rs 10,000/- (ten thousand) with two sureties of the like
amount each in connection with Runni Saidpur P.S. Case
2
No. 37 of 2009 to the satisfaction of Chief Judicial
Magistrate, Sitamarhi with condition that one of the sureties
must be close relative of the petitioner.
AKV/- ( Hemant Kumar Srivastava,J.)