Patna High CourtCR. MISC./32922/2016bail granted

Shyamjee Rai v. The State Of Bihar

2016-12-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32922 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -CHAURI District- BHOJPUR ======================================================

1. Shyamjee Rai S/o Sri Ganpat Rai resident of Village- Dullam Chak, P.S.- Chauri, District-Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Chauri P.S. Case No. 47 of 2015 instituted for the offences punishable under Sections 341, 323, 504, 354, 379, 506 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that the petitioner along with co-accused persons abused and assaulted the informant and her brother-in-law. The accused persons also tore the blouse of the informant and opened fire from his gun. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.32922 of 2016 (2) dt.09-12-2016 2/2 petitioner. There is no allegation against the petitioner in respect of offence under Section 354 of the Indian Penal Code. The said allegation has been made against the co-accused namely, Uma Kant Rai.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Chauri P.S. Case No. 47 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) rohit/- U T