Vidhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3118 of 2020 Arising Out of PS. Case No.-560 Year-2019 Thana- DANAPUR District- Patna ====================================================== VIDHAN RAI Son of Bijendra Ray @ Vijendra Rai @ Vichhu Rai Residence of Mohalla - Saguna more, Saguna Nadi Par, Gandhi Murti, Khara Kuan, P.S.- Danapur, District - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kant Kumar For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Danapur PS case no. 560 of 2019 instituted for the offence punishable under Section 302, 379 and other sections of Indian Penal Code.
The case of the prosecution, as per the informant is that the husband of the informant had purchased a piece of land in the year 2013 from Ranjan Kumar and Soni Devi and on that land, one Gorakh Kumar was also partner and for the ownership of the land, a case was going on in the court below and prior to few days before the occurrence, the said case was decided in favour of prosecution party and when the informant and her husband along with others went to see the construction of boundary wall on the
Patna High Court CR. MISC. No.3118 of 2020(2) dt.20-01-2020 2/3 said land, about 20 to 25 persons came there and stopped them from doing construction work and when husband of informant objected, scuffle took place between the parties and accused persons resorted to firing, in the said firing one person from the informant side died and another received serious injury and it is alleged that petitioner was also actively involved in the occurrence.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he can at best be said to be the member of the mob whereas the fact is that there is no allegation of any specific over act as against the petitioner herein resulting in death of the deceased. It is further submitted that the similarly situated coaccused person has already been granted anticipatory bail by this Court vide order dated 08.01.2020 passed in Cr. Misc. no. 61804 of 2019.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the parity of the case of the petitioner with that of the co-accused person who has been granted anticipatory bail, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.3118 of 2020(2) dt.20-01-2020 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st class, Danapur at Patna in connection with Danapur PS case no. 560 of 2019.
(Mohit Kumar Shah, J) rinkee/- U T