Virendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22180 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== 1.
VIRENDRA RAI Son of Late Ram Briksh Rai Resident of village-Chhotahi, P.S.-Riga, District-Sitamarhi 2.
MADHURUNDRA YADAV @ MADHARENDRA KUMAR S/o Virendra Rai Resident of village-Chhotahi, P.S.-Riga, District-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Adv.
For the Opposite Party/s :
Mr.Amitesh Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34, 414 of the Indian Penal Code and 25(1-B)a, 26, 35, 27 of Arms Act.
3. The prosecution story, in brief, is that on 26.12.2022, the petitioners along with other accused persons came at Chotahi Hanuman Mandir and started abusing and assaulting the informant's father by means of fists and slaps and forcibly stopped Ram-Nam Jap. It is further alleged that on the same day at 11.00 PM, the petitioners along with other accused persons
Patna High Court CR. MISC. No.22180 of 2023(3) dt.17-07-2023 2/3 came at the door of the informant by vehicle no. UP 16 Z-6427. Thereafter, upon instigation by petitioner no.1, Murari Yadav fired upon the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against co-accused Murari Kumar Yadav to fire upon the informant. Petitioner no.1 has two criminal antecedents, whereas petitioner no.2 has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.22180 of 2023(3) dt.17-07-2023 3/3 connection with Riga P.S. Case No. 580 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T