Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4986 of 2023 Arising Out of PS. Case No.-494 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Nagendra Rai Son of Hirday Ray R/v- Surahatha Dharmpur P.S.- Vaishali, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 494 of 2021, lodged under Sections 147, 148, 149, 341, 323, 337, 427, 454, 380, 307, 504, 506, 452 of the Indian Penal Code read with Section 27 of the Arms Act.

As per prosecution case, there were in total 71 persons against whom the present case has been filed. The allegation against the present petitioner is general and omnibus. Learned counsel for the petitioner submits that there were 71 persons who are made accused in this case and petitioner is one of them. He further submits that no specific allegation has been made against the petitioner. He also submits that petitioner is in custody since 21.10.2022. Learned counsel

Patna High Court CR. MISC. No.4986 of 2023(2) dt.04-03-2023 2/2 for the petitioner further submits that one case is pending against the petitioner, in which, he is on bail. He also submits that for the same date and place of occurrence this case has been filed, except it, there is no other case. Learned counsel for the petitioner also submits that there are many other similarly situated persons who are granted bail by the Co-ordinate Bench of this Court from different orders.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 494 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T