Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19052 of 2020 Arising Out of PS. Case No.-747 Year-2019 Thana- BUXAR District- Buxar ====================================================== Raj Kumar Rai Son of Sri Kamlesh Rai Resident of Village - Koerpurva, P.S.- Buxar Town, Distt - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Ajay Kumar Thakur, Advocate Ms. Babita Kumari, Advocate For the Opposite Party/s :Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Buxar (Town) P.S. Case no. 747 of 2019 registered under sections 302, 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, the brick wall given by the informant encircling his vacant land was demolished by one Sarangdhar Rai. On the date of occurrence while the informant was showing the said broken wall to his relatives, it is stated that the accused persons including the petitioner came variously armed and started to fire indiscriminately. The shot fired by Bullu Rai hit Raghvendra Pratap Singh while the shot fired by Rishu Rai hit Suryajeet Singh. One passerby boy was also injured. The injured were taken to the hospital for treatment. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.19052 of 2020(2) dt.02-06-2020 2/2 there is pending land dispute between the parties for which a title suit being Title Suit no. 401 of 2012 is also pending. A pleader commissioner was appointed in the said case who has submitted his report. It is further stated that there is no specific allegation against the petitioner. The allegations are against Sarangdhar Rai, Bullu Rai and Rishu Rai. It is finally submitted that Sarangdhar Rai, Kamlesh Rai and Sri Prakash Rai have been enlarged on bail vide orders which are Annexures 7 and 8 to the petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Buxar (Town) P.S. Case no. 747 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) Prakash/- U