Shashi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14638 of 2023 Arising Out of PS. Case No.-45 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== SHASHI RAI Son of Rajesh Rai @ Rajesh Kumar R/v- Mahammadpur (Mohammadpur), Sagar, P.S.- Rajepur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 279 and 337 of the Indian Penal Code Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The informant alleges that he received information that the petitioner along with Rahul were driving Bike negligently and dashed a women and on chase, by local people, they fled leaving behind arms and motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that it is alleged that a motorcycle and arms were recovered and the accused fled after dashing a women, it is

Patna High Court CR. MISC. No.14638 of 2023(2) dt.17-07-2023 2/2 further submitted that the motorcycle seized does not belong to the petitioner and the entire allegation hinges around suspicion when the petitioner, admittedly, is a person with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection Rajepur with P.S. Case No. 45 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. One of the bailor of the petitioner shall be his father Rajesh Rai alias Rajesh Kumar.

9. Learned counsel for the petitioner, at this stage, submits that he will remove the defects within a week from today as pointed out by the office.

(Satyavrat Verma, J) HarshPandey/- U T