Sushil Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16013 of 2020 Arising Out of PS. Case No.-434 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== SUSHIL KUMAR RAI, aged about 35 years, Male, Son of Late Ram Sharan Rai, Resident of Village-Banhara, Police Station-Teghra, District-Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Parmod Kumar, Adv.

For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioner seeks bail in connection with Teghra P.S. Case No. 434 of 2019 registered under Sections 147, 148, 149, 341, 323, 337, 338, 353, 427, 504, 506 and 307 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that on receiving secret information about presence of Sheo Lochan Rai and Sushil Kumar Rai (petitioner) accused in Teghra P.S. Case No. 370 of 2019 at Sand Ghat, Begusarai, in hut, the informant, along with other police personnel, reached there, then, in a hut two persons were seen, who, on query, disclosed their names Sheo Lochan Rai and Sushil Kumar Rai (petitioner). On search, both were found in possession of mobile. When both were taken to nearby police

Patna High Court CR. MISC. No.16013 of 2020(2) dt.04-06-2020 2/2 vehicle for carrying to Police Station, they started raising alarm of thief, then, villagers gathered there and started to cause damage of the vehicle and due to stone pelting some police personnel also sustained injury.

Submission is that the only allegation against the petitioner and accused, Sheo Lochan Rai, who is accused in Teghra P.S. Case No. 370 of 2019, when both were apprehended by the police in a hut, then, both raised alarm of thief, then, villagers rached there and pelted stone on the police jeep and some police personnel also sustained injury. The petitioner is in custody since 23.12.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Teghra P.S. Case No. 434 of 2019 to the satisfaction of the Chief Judicial Magistrate, Begusarai.

(Rajendra Kumar Mishra, J) Shamshad/- U T