Petitioner Upendra Rai, accused of murder, applied for bail. The court allowed bail, noting he was an order giver and had been in jail for two months, directing release on furnishing bonds.
Directed to be released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41044 of 2014
| Arising Out of PS.Case No. -173 Year- 2014 Thana -CHAPRA CITY District- SARAN | |
|---|---|
| ====================================================== Upendra Rai Son of Chhathi Lal Rai resident of village - Husset Chapra, Ahir Toli, Police Station- Chapra Town, District - Saran at Chapra |
|
| .... .... Petitioner/s Versus The State of Bihar |
|
| .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Binod Singh, Adv. For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== |
|
| CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER |
|
| 3 | 12-11-2014 Heard both sides. |
The petitioner, Upendra Rai seeks bail in Chapra Town Thana P.S. Case No. 173 of 2014 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.
The informant alleged that Upendra Rai caught Sanjeet Rai but Sanjeet Rai managed to flee away there upon, Upendra Rai is said to have ordered and Bunty Rai fired which hit on the right temple of Sanjeet Rai. Manoj Rai is also said to have fired on the head of the Sanjeet Rai.
Patna High Court Cr.Misc. No.41044 of 2014 (3) dt.12-11-2014
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Learned counsel for the petitioner submits that petitioner, Upendra Rai is an order giver and he is in jail for last two months.
Learned Additional PP however, did not dispute the fact. Having considered the facts and nature of allegation that petitioner is only an order giver and he has remained in jail for last two months, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town Thana P.S. Case No. 173 of 2014.
(Prabhat Kumar Jha, J)
Prakash/U T
1 issue framed by the court
Whether the petitioner, designated as an order giver, is entitled to bail in a murder case where he has been in custody for two months.
Upendra Rai
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
