Sharangdhar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1879 of 2020 Arising Out of PS. Case No.-747 Year-2019 Thana- BUXAR District- Buxar ====================================================== SHARANGDHAR RAI S/o Late Dinanath Rai R/o village- Koerpurva, P.S.- Buxar Town, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kumar For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Buxar (Town) P.S. Case no. 747 of 2019, registered under Sections 147, 148, 149, 307, 448, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that in the morning of 21.10.2019, petitioner along with 10-15 members of his family came and damaged the temporary wall and also abused. On 22.10.2019 at bout 10.00 A.M., informant Tara Babu Singh was showing the damaged wall to his friends and relative, who had come to attend birthday function of his daughter, at that time, Bablu Rai @ Bhuli, Kamlesh Rai, Shree Prakash Rai, Bangali Rai @ Pankaj, Rishu Rai, Rohit Rai and Rajkumar Rai having
Patna High Court CR. MISC. No.1879 of 2020(2) dt.03-02-2020 2/3 laced with rifle in their hands and Sharangdhar Rai (petitioner), Rishideo Rai and Rishikesh Rai came there and started exhorted to kill. The firing made by Bulu Rai hit to Raghwendra Pratap Singh, the firing made by Rishu Rai hit to Suryajeet Singh @ Tuna Singh. At that time, one boy who was passing through also sustained firearm injury. In course of treatment, Raghwendra Pratap Singh @ Shera Singh succumbed to his injury and Tuna Singh sustained grievous injury.
Learned counsel for the petitioner submits that, in fact, there is land dispute in between petitioner and informant regarding which Title Suit is pending and petitioner, being the head of the family aged about 80 years have falsely been implicated in this case. Further submission is that at the time of occurrence, the petitioner was present there with empty hand. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.1879 of 2020(2) dt.03-02-2020 3/3 Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 747 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T