Ranjeet Rai @ Khikhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23276 of 2016 Arising Out of PS.Case No. -209 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Ranjeet Rai @ Khikhar Son of Ramashray Rai Resident of Village - Vijaiya, P.S. Mansurchak, District Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and counsel for the State.

The petitioner is apprehending his arrest in connection with Bibhutipur P.S. Case No. 209 of 2015 for offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 11.10.2015, when the Informant and his family members were sleeping after taking dinner, but on hearing sound of gun short firing, they woke up and saw Ram Kumar Rai and Dayanand Yadav @ Pathla fleeing away from the place of occurrence but the father of the Informant was found dead due to gun short injury. The petitioner was not named in the First Information Report and his name sprung during

Patna High Court Cr.Misc. No.23276 of 2016 (2) dt.24-05-2016 investigation as one of the conspirator.

Learned counsel for the petitioner has submitted that only on suspicion, the accusation has been levelled and admittedly the Informant is not an eye-witness to the occurrence. A statement has been made in paragraph no.3 of the petition that the petitioner has no criminal antecedent.

Considering the suspicious nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Rosera (Samastipur) in connection with Bibhutipur P.S. Case No. 209 of 2015 subjected to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Rishi/- U T