RAMDEO URAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY order dated 14.02.2013, the appeal was admitted and the lower court records were summoned. By the same order, it was directed that the prayer for bail of the appellant shall be considered on receipt of the lower court records. The lower court records have already been received and the case has been listed under the heading "for Orders" for consideration of bail. However, with consent of the parties, the appeal has been taken up for final disposal.

(2.) HEARD Mr. Ras Bihari Thakur, learned counsel for the appellant and Mr. Binod Bihari Singh, learned A.P.P. for the State.

(3.) THE prosecution case is based on the fardbeyan of one Kailash Rai recorded by S.I., S. N. Singh of Narpatganj Police Station on 25.3.2003 at 8.15 p.m. in village-Mridaul. According to the informant, on the same day at about 6.30 p.m. while he was sitting at his door and talking with his wife, all on a sudden about 25-30 unknown persons came there. They surrounded them and asked the informant to hand over his D.B.B.L. gun and rifle. One of the miscreants exploded a bomb. Thereafter, miscreants took the informant and his wife inside the house. They ransacked the whole house. They looted cash, ornaments and other valuable articles, such as, T.V. set, Telephone, etc. They also took away DBBL gun and ten live cartridges of 3.15 bore. They demanded for the rifle but, the informant told them that he has deposited the same with the arms dealer. The informant claims that he and his nephew could identify the miscreants by face. On alarm being raised, the villagers chased the miscreants but, the miscreants managed to escape. The villagers and the choukidar came on shouting made by the informant but they could not dare to chase the miscreants as they were armed with bomb and pistol.