Shalo @ Shailendra Rai @ Shalo Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15261 of 2025 Arising Out of PS. Case No.-320 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Shalo @ Shailendra Rai @ Shalo Rai S/o- Panna Rai Village- Raghunathpur PS-Sahebpur Kamal District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-05-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with S. Kamal P.S. Case No. 320 of 2022, registered for the offences punishable under Sections 120(B), 147, 148, 149, 379, 427, 337, 420, 467, 468, 471 of the BNS, 2023.
3. The allegation against the petitioner is of causing indiscriminate firing upon the informant along with 33 named and 20 unknown co-accused persons in the premise of previous land dispute. It is further alleged that the accused persons, including the petitioner, took away cash of Rs.25000/- from the elder brother of the informant and also snatched golden chain from him. The allegation has also been levelled that the accused persons were trying to capture the land of the informant by
Patna High Court CR. MISC. No.15261 of 2025(3) dt.12-05-2025 2/3 means of using forged and fabricated document.
4. Learned Advocate for the petitioner contended that from the FIR it is evident that the genesis of occurrence is said to be a land dispute. Save and except the general and omnibus allegation against all the accused persons, including the petitioner, nothing has been alleged regarding any over act against the petitioner. Considering the aforesaid fact, the other co-accused persons having identical allegation have been allowed the privilege of anticipatory bail by a Bench of this Court in Cr. Misc. No. 78267 of 2023 and Cr. Misc. No. 78269 of 2023 vide order dated 10.05.2024. It is further contended that so far the two criminal antecedent against the petitioner, as has been disclosed in paragraph -3 of the application, that is nothing but offshoot of the enmity between the parties; moreover the petitioner is on bail in both the cases.
5. On the other hand, learned Advocate for the State opposes the bail application and submits that the petitioner has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the case with omnibus allegation as also the fact that other co-accused persons have been allowed the privilege of anticipatory bail, let the
Patna High Court CR. MISC. No.15261 of 2025(3) dt.12-05-2025 3/3 petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IVth, Begusarai in connection with S. Kamal P.S. Case No. 320 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T