Shuvad Yadav @ Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17993 of 2019 Arising Out of PS. Case No.-286 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== Shuvad Yadav @ Pappu Rai, aged about 38 years (Male), Son of Ramavatar Ray, R/o Village- Anhari, P.S.- Riga, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Jha, Advocate.

For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 342, 447, 448, 323, 324, 325, 326, 307, 380, 435, 436, 427, 504, 506 and 120(B) of the IPC.

The prosecution story, in brief, is that on 10.10.2017 at 11-12 noon, all the accused persons including the petitioner and accused Rakesh Rai armed with deadly weapons attacked at the house of the uncle of the informant Uma Kant Singh, Shambhu Singh, Rambali Singh, Prashant Priyadarshi and on the order of Laxmi Yadav, they set fire on six motorcycles standing at the door of his uncle. Due to which, all six motorcycles were burnt into ashed. They also entered into their

Patna High Court CR. MISC. No.17993 of 2019(2) dt.02-04-2019 2/3 house and assaulted the informant, his uncle and cousin brother with intention to kill them with deadly weapons. They also damaged colour T.V. Freeze, Mobile and other house hold articles and also looted away ornaments worth Rs. 30-35 Lacs. The accused persons also set their house on fire due to which all house hold articles also burnt into ashes.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Other co-accused have been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 32976 of 2018, order dated 07.06.2018.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.17993 of 2019(2) dt.02-04-2019 3/3 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sitamarhi, in connection with Riga P.S. Case No. 286 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T