Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14729 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- PARSA District- Saran ====================================================== JITENDRA RAI Son of Badri Rai Resident of Village - Bankerwan, Police Station - Parsa, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the parties.

The petitioner seeks pre-arrest bail in a case registered for the offence under Section 302 / 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, co-accused Upendra Rai and Satendra Rai shot the deceased at her both thigh and face, as a result of which, she died.

It is submitted that from bare perusal of the F.I.R., it is apparent that specific allegation of firing is against coaccused Upendra Rai and Satendra Rai, who were pressurizing the deceased to compromise the case, which was earlier filed by her. Petitioner is only alleged to have given threatening to her three days prior to the occurrence and he along other accused persons held a meeting. Police after investigation filed final

Patna High Court CR. MISC. No.14729 of 2022(2) dt.23-08-2022 2/2 form but the Court below took cognizance of the offence. Petitioner claims clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. In the event of arrest/surrender, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IX, Saran at Chapra in connection with Parsa P.S. Case No. 105 of 2021, subject to the condition laid down under section 438 of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T