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[Cites 3, Cited by 6]

Patna High Court - Orders

Vimal Rai @ Vimal Kishore Rai vs The State Of Bihar on 10 February, 2012

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

      Patna High Court Cr.Misc. No.44556 of 2011 (3) dt.10-02-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.44556 of 2011
                   ======================================================
                   Vimal Rai @ Vimal Kishore Rai
                                                                             .... .... Petitioner
                                                      Versus
                   The State Of Bihar
                                                                        .... .... Opposite Party
                   ======================================================
                                                       with
                                   Criminal Miscellaneous No.45132 of 2011
                   ======================================================
                   Putul Rai
                                                                             .... .... Petitioner
                                                      Versus
                   The State Of Bihar
                                                                        .... .... Opposite Party
                         For the petitioners: Mr Ajay Kumar Pandey, Advocate===========
                    For the State in Cr. Misc. no. 44556/2011 :Mr Aditya Narain Singh, A.P.P.
                                For the State in Cr. Misc. no. 45132/2011 : Mr Md Arif, A.P.P

                   CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
                   SRIVASTAVA
                   ORAL ORDER

03/    10.02.2012

Both the above stated petitions arise out of Buxar Mufassil P.S. Case no. 152/2009 registered under section 302/34 of the IPC, 27 of the Arms Act and, accordingly, both the above stated petitions are being disposed off by this common order.

Petitioners are not named in the first information report though the informant is said to be eye witness of the alleged occurrence. It would appear from submissions of the parties that except father of one victim, none of the so-called eye witnesses have claimed to identify the petitioners committing the alleged crime.

Learned counsel appearing for the petitioners submits that at para 43 of the case diary statement of one Raj Narayan Ram who happens to be father of the deceased was recorded but the aforesaid statement was recorded after 37 days of the alleged occurrence. Patna High Court Cr.Misc. No.44556 of 2011 (3) dt.10-02-2012

Considering the above stated facts and circumstances as well as submissions of the parties, let, petitioners, Vimal Rai @ Vimal Kishore Rai and Putul Rai be released on bail on furnishing bail bonds of Rs 10,000/-each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Buxar Mufassil P.S. Case no. 152/2009.

shahid                                                         (Hemant Kumar Srivastava,J)