Manoj Kumar @ Shepu Rai And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.32195 of 2014 (4) dt.09-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32195 of 2014 Arising Out of PS.Case No. -99 Year- 2014 Thana -RAJPUR District- BUXAR ======================================================
1. Manoj Kumar @ Shepu Rai S/o Shriman Rai @ Shriman Narayan Rai
2. Praveen Kumar Rai @ Nipu Rai S/o Pyarelal Rai
3. Shivam Rai @ Golu Rai S/o Radha Krishna Rai @ Chhote Rai
4. Chandrakant Singh @ Chandan Kumar S/o Radhey Shyam Mahto
5. Amit Kumar Rai @ Bhuwar Rai S/o Namo Narain Rai
6. Radha Krishna Rai @ Chhote Rai S/o Kedar Rai. All are resident of village - Rasen, P.S. Rajpur, District - Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Rajpur P.S. Case No. 99 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code and 27 of the Arms Act.
Although, petitioners are named in the first information report and the accusation against them is that in retaliation to institution of Rajpur P.S. Case No. 98 of 2014, they being armed with firearms entered into the house of the informant and petitioner no. 6 opened fire causing firearm injury to
Patna High Court Cr.Misc. No.32195 of 2014 (4) dt.09-04-2015 informant.
The contention on behalf of the petitioners is that the petitioners are students and as a matter of fact, they have falsely been implicated in this case due to land dispute. Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioners no. 1 to 5, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Rajpur P.S. Case No. 99 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.
So far as petitioner no. 6, namely, Radha Krishna Rai @ Chhote Rai is concerned, taking note of specific allegation of firing against him, I do not think it proper to extend the privilege of anticipatory bail to him and accordingly, his prayer for anticipatory bail stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/- U T