Ram Pravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25728 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== Ram Pravesh Rai S/o Late Gudri Ray Resident of Village- Naya Gaon, P.S.- Sayampur Bhatha, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP For the Informant :

Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2021 Heard learned counsel for the petitioner, learend counsel for the informant and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Purnahia P.S. Case No. 150 of 2020 instituted for the offences under Sections 120(B), 302, 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that it was Gauri Shankar Maharaj and Neeraj Pathak who fired on the deceased. Gauri Shankar Maharaj was apprehended by the villagers and was beaten to death while Neeraj Pathak was handed over to the police. Further, the F.I.R. also alleges that one of the accused, Baba Saheb Jha fled away. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired on the

Patna High Court CR. MISC. No.25728 of 2021(2) dt.18-11-2021 2/2 basis of whatsapp call between the petitioner and Gauri Shankar Maharaj. Further, that petitioner is in custody since 09.11.2020 and is a person with clean antecedent.

Learned counsel for the informant submits that petitioner has got five criminal antecedents. On query of the Court from the learned counsel for the petitioner that why the same has not been disclosed on which learned counsel for the petitioner submits that in all those cases petitioner has been remanded subsequent to registering of the present F.I.R. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.11.2020, charges have been framed and trial has commenced, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Purnahia P.S. Case No. 150 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T