Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24981 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== 1.

ANIL RAI SON OF VIJAY RAI R/O VILLAGE- GOPALPUR, P.S.- BACHHAWARA, DIST.- BEGUSARAI (BIHAR) 2.

PANKAJ RAI SON OF VIJAY RAI R/O VILLAGE- GOPALPUR, P.S.- BACHHAWARA, DIST.- BEGUSARAI (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that the accused persons including the two petitioners herein came variously armed. Vijay Rai and Laxman Rai fired on Munni Devi as a result of which she died on the spot. Anil Rai fired on Shiv Kumar Raut hitting him in his leg and Pankaj Rai fired on Sujit injuring him on his waist.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in

Patna High Court CR. MISC. No.24981 of 2021(6) dt.24-02-2022 2/2 the case because of land dispute. The manner of occurrence is other than what has been narrated in the F.I.R. The injury reports of the two injured on whom the petitioners are alleged to have fired have been brought on record from which it transpires that both have sustained injuries which are simple in nature. There is no allegation against the petitioners of having fired on the deceased Munni Devi. The petitioners are in custody since 4.1.2021 and have no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 1 year and investigation in the case having concluded, the Court directs the two petitioners to be enlarged on bail in connection with Bachhwara P.S. Case no. 190 of 2020 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, District- Begusarai. Bibhash/- (Partha Sarthy, J) U