Patna High CourtCR. MISC./1181/2020bail granted

Bangali Rai @ Pankaj Rai v. The State Of Bihar

2020-06-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1181 of 2020 Arising Out of PS. Case No.-747 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

BANGALI RAI @ PANKAJ RAI Son of Kamlesh Rai Resident of Village - Koerpurva, P.S.- Buxar Town, District - Buxar. 2.

Rohit Rai Son of Rishikesh Rai Resident of Village - Koerpurva, P.S.- Buxar Town, District - Buxar.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs.Babita Kumari For the Opposite Party/s :

Mr.Anil Kumar For the Informant :

Mr.Surendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-06-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Buxar (Town) P.S. Case No. 747 of 2019, registered for the offence punishable under Sections 147, 148, 149, 307, 448, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has taken me to the First Information Report to submit that, according to the case of the prosecution itself, the fires were made by co-accused Bullu Rai and Rishu Rai. So far as these petitioners are concerned, there is no specific allegation of any assault made by them or any overt act except that they were allegedly members of the mob. She has submitted that co-accused Rishidev Rai, Sri

Patna High Court CR. MISC. No.1181 of 2020(3) dt.05-06-2020 2/2 Prakash Rai and Kamlesh Rai have been allowed regular bail. Mr. Surendra Kumar Singh, learned counsel appearing on behalf of the informant, has vehemently opposed the prayer for bail and has submitted that the petitioners have actively participated in commission of the offence as members of the mob.

Be that as it may, considering the facts and circumstances and the submission that similarly circumstanced co-accused persons have been allowed bail, this application is allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar, in Buxar (Town) P.S. Case No. 747 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T