Pashuram Rai @ Parshuram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15773 of 2023 Arising Out of PS. Case No.-692 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== PASHURAM RAI @ PARSHURAM RAI Son of Late Khedu Rai R/vBankat Tola Bhitha, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 307 and 326 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, the petitioner and the other co-accused surrounded the informant opened fire from the gun on the informant with an intention to kill him which also hit the right leg of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.15773 of 2023(2) dt.17-05-2023 2/2 specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 16.01.2023 passed in Cr. Misc. No. 52587 of 2022 and vide order dated 12.01.2023 passed in Cr. Misc. No. 52246 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Motihari Muffasil P.S. Case No. 692 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T