Ram Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13886 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Ram Bahadur Rai, aged about 32 years, Male, son of Jawahar Rai Resident of Village- Namapur Khedhi, P.S. Chakmehsi, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Monalika Monalika, Advocate For the Opposite Party :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Samastipur Town P.S. Case No. 227 of 2023 dated 26.08.2023 registered for the offences punishable under Sections 324, 326, 307, 120B/34 of the I.P.C. and Sections 25(1b)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the deputed constables were bringing the accused persons of different cases for appearance in the court, in the meantime, some culprits started firing which hit two of the accused persons, due to which, they

Patna High Court CR. MISC. No.13886 of 2024(4) dt.28-06-2024 2/3 sustained injuries.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. His name has sprung up in the present case on the basis of the confessional statement of the co-accused Ram Babu Rai. No incriminating article has been recovered from possession of the petitioner. Other co-accused persons have already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 7678 of 2024 under order dated 26.02.2024 and Cr. Misc. No. 8407 of 2024 under order dated 11.03.2024. The petitioner has two criminal antecedents as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Samastipur Town P.S. Case No. 227 of 2023,

Patna High Court CR. MISC. No.13886 of 2024(4) dt.28-06-2024 3/3 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T