Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21021 of 2021 Arising Out of PS. Case No.-68 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Binod Rai S/O Ram Babu Ray R/O Village-Rustampur Panchpairiya, P.SRaghopur, District-Vaishali. 2.

Manoj Rai S/O Kapil Rai R/O Village-Rustampur Panchpairiya, P.SRaghopur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.21021 of 2021(3) dt.11-02-2022 2/3 It is alleged that father of the informant has been killed by gunshot firing. The informant raised a suspicion against the petitioners in killing of his father in the background of some previous enmity.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Binod Rai since he has been arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is permitted to be withdrawn. It is submitted by learned counsel for the petitioners that petitioner No. 2 was not named in the F.I.R and only on the confession of the arrested person, the petitioner No. 2 has been roped in the present case. There is no eye witness to the occurrence.

Considering the aforestated facts, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of

Patna High Court CR. MISC. No.21021 of 2021(3) dt.11-02-2022 3/3 four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IX, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 68 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T