Ram Ekbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20407 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Ram Ekbal Rai, aged about 45 years, male, Son of Laxmi Rai, resident of Village- Bishunpur Devjeet, P.S.- Madhuban, Dist.- East Champaran. 2.

Sheo Shankar Rai, aged about 42 years, male, Son of Ramchandra Rai, R/o Village- Bishunpur Devjeet, P.S.- Madhuban, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Madhuban P.S. Case No. 204 of 2020, dated 10.07.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Both the petitioners are said to have opened fire as

Patna High Court CR. MISC. No.20407 of 2021(2) dt.15-04-2022 2/3 a result of which two of the victims, namely, Mannu and Rajiv have received gunshot injuries.

It has been submitted on behalf of the petitioners that the accusation is absolutely false as the aforesaid two persons have received simple injuries which have been caused by hard and blunt substance.

Apart from this, it has been urged that there is a counter version of the occurrence vide Madhuban P.S. Case No. 205 of 2020, which has been lodged by one of the accused persons of this case, namely, Laxman Rai. It has further been submitted that for the purposes of securing compromise in the aforementioned counter case, the petitioners have been named in the F.I.R. with absolutely false accusation.

Regard being had to the facts afore-stated, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.20407 of 2021(2) dt.15-04-2022 3/3 of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No. 204 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T