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Patna High CourtCR. MISC./14472/2019bail granted

Binod Kumar Rai @ Mantu Rai v. The State Of Bihar

2019-03-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14472 of 2019 Arising Out of PS. Case No.-511 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== Binod Kumar Rai @ Mantu Rai son of Late Ramjee Rai, Resident of VillageAjayabganj, Naya Basti, Loha Tola, P.S.- Bhagwan Bazar, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 324, 307, 386, 379, 504, 114 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is that on the order of accused Surendra Rai, petitioner fired from country made pistol, which hit in the leg of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties.

Patna High Court CR. MISC. No.14472 of 2019(2) dt.08-03-2019 2/2 As per the allegation, the petitioner is alleged to have caused injury by fire arms. From perusal of the injury report, it appears that the injury has been caused by sharp penetrating object. The medical evidence does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XIth, Saran at Chapra in connection with Bhagwan Bazar P.S. case No.511 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T