Allowed

Lalu Rai v. The State Of Bihar

Patna HC22 Aug 2014CR. MISC./22332/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising out of Section 302/34 IPC cases, a single judge granted bail to the petitioner, described as a non-assailant, by 10,000 Rupees with sureties, resolving conflicting opinions of coordinate benches.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.

Lalu Rai Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.22332 of 2014

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Arising Out of PS.Case No. -620 Year- 2013 Thana -DANAPUR District- PATNA ====================================================== LALU RAI, SON OF LATE SAYTANARAYAN RAI RESIDENT OF MOHALLA- DALDALI ROAD, DANAPUR, POLICE STATIONDANAPUR, DISTRICT- PATNA .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Adv. For the Informant : Mr. Ashok Kumar Mishra, Adv. For the State : Mrs. Shahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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4 22-08-2014 Heard learned counsel for the petitioner, learned Additional Public Prosecutor as well as learned counsel for the informant.

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Both the deceased, namely, Rakesh Kumar (nephew of informant) and his friend Rahul @ Kallu were proceeding towards their house after visiting house of maternal grandfather, they were surrendered by fourteen named persons including the petitioner near Sheo temple and an order of Jai Narayan and

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Patna High Court Cr.Misc. No.22332 of 2014 (4) dt.22-08-2014

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Dinesh, Satish, Ajit and Ranjit shot both of them. Then thereafter Satis, Ajit and Ranjit lifted bolder and struck both of them causing severe injury. While lifting to hospital, they were declared dead and accordingly informant Uday Prasad instituted the case.

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Admittedly, petitioner is non assailant. The learned counsel for the petitioner has placed order of Cr. Misc. Nos.8728 of 2014, 23250 of 2014, 23529 of 2014, 11176 of 2014 and submitted that even order giver has been granted bail including the non assailant.

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On the other hand, the learned Additional Public Prosecutor assisted by learned counsel for the informant placed order of Cr. Misc. Nos. 7750 of 2014, 27623 of 2014 as well as 6538 of 2014 and stated that

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non assailant even denied bail by the another coordinate Bench.

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It is unfortunate that there happens to be difference of opinion amongst the co-ordinate Bench however is found considered under Cr. Misc.

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Patna High Court Cr.Misc. No.22332 of 2014 (4) dt.22-08-2014

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No.11176 of 2014. In my opinion also, the non assailant should be given privilege of bail. Consequent thereupon, Lalu 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, to the satisfaction of learned Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No.620 of 2013.

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(Aditya Kumar Trivedi, J)

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PN/-

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U T

Lalu Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Lalu Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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