Dharm Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29391 of 2021 Arising Out of PS. Case No.-248 Year-2019 Thana- DIGHWARA District- Saran ====================================================== DHARM RAI Son of Devsharan Rai Residence of Village - Shankarpur, P.S.- Sahpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dighwara P.S. Case no. 248 of 2019 instituted for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by learned counsel for the petitioner that the specific accusation of firing is against co-accused Inder

Patna High Court CR. MISC. No.29391 of 2021(2) dt.10-02-2022 2/2 Singh, due to which son of the informant succumbed to the injuries. The accusation against the petitioner is omnibus and general. He is only alleged to have formed an unlawful assembly. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dighwara P.S. Case no. 248 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. VII Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U