IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12130 of 2010 DEO PRASAD RAI Versus THE STATE OF BIHAR ----------- 3 25.5.2010 Heard the learned counsel for the petitioner, Deo Prasad Rai, who is in custody since 2.11.2009 in Rajepur P.S. Case No.52/08 under sections 384,307,302,323,504,34 of I.P.C. According to the prosecution case the informant and his brother Nand Kishore Sah used to drink tody. On 16.8.2008 this petitioner came and demanded Rs.20,000/- as rangdari and on refusal on the next day this petitioner came with his son, Ram Pravesh Rai sand Dilip Rai and thereafter they started assaulting indiscriminately by lathi to the informant and his brother and lastly Ram Pravesh Rai gave a chhura blow to Nand Kishore Sah as a result of which Nand Kishore Sah died. The learned counsel for the petitioner submitted that the allegation of giving chhura blow is specific against Ram Pravesh Rai. On the other hand, the learned A.P.P. objected the prayer for bail of the petitioner and submitted that this petitioner earlier demanded Rs.20,000/- and on refusal on the next day this petitioner came with his son and assaulted by lathi. From perusal of the case diary it appears that the witnesses have supported this fact and according to them it is this petitioner who came to the informant and assaulted indiscriminately and the son of this petitioner gave chhura blow causing death to the 2 brother of the informant. Considering the facts and circumstances of the case I am not inclined to grant bail to the petitioner which is accordingly rejected. AnilKr.Sinha ( Mungeshwar Sahoo, J. )