Sheshnath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29875 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- PATORI District- Samastipur ====================================================== SHESHNATH RAI, S/o Satrughan Rai R/o village- Chandpur, Dhamaun, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar- Advocate For the Opposite Party/s :

Mr. Rajesh Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Patori P. S. Case No.51 of 2020, instituted for the offences under Sections 147, 148, 149, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is in custody since 02.02.2021 and he is a person with clean antecedent. Charge-sheet has been submitted in this case.

From bare perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that nine F.I.R. named accused persons including 4-5 unknown were members of the unlawful assembly of one group and for land dispute, they fired causing injury to the mother of the informant as a result whereof, she died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29875 of 2021(2) dt.24-11-2021 2/2 allegation is not specific against anyone. Land dispute is the reason for false implication.

Learned counsel for the petitioner further submits that co-accused Rohan Rai @ Shatrudhan Rai and Chandra Bhushan Rai, who are similarly situated like the petitioner, have been granted bail by a Bench of this Court by order dated 25.11.2020 and 25.01.2021 in Cr. Misc. No.28606 of 2020 and Cr. Misc. No.33756 of 2020 respectively.

Learned A.P.P. opposes the bail application.

Considering the fact that petitioner is in custody since 02.02.2021 and he is a person with clean antecedent, chargesheet has been submitted in the case and co-accused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IInd, Samastipur in connection with Patori P. S. Case No.51 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T