Rakesh Rai @ Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24819 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- SONEPUR District- Saran ====================================================== 1.

RAKESH RAI @ RAKESH KUMAR RAI Son of Paras Rai Resident of Village - Rahimpur, P.s.- Sonpur, Distt.- Saran. 2.

Sharwan Kumar Son of Haribansh Rai Resident of Village - Rahimpur, P.s.- Sonpur, Distt.- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners have preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 341, 323, 307, 379, 384, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the petitioners and coaccused persons came to the sweetmeat shop of the informant and demanded Rs. 5 lacs as rangdari. They also threatened to kill him and his family members on 01.01.2022. The petitioners and seven co-accused persons with 2 to 3 unknown persons holding weapons came and fired at the informant which hit on

Patna High Court CR. MISC. No.24819 of 2022(2) dt.05-08-2022 2/2 the counter of the shop. Co-accused persons were also firing. They took out Rs. 45,000/- from his counter.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. There is case and counter case between the parties. The petitioner No.1 is accused in one more criminal case and the petitioner No. 2 has clean antecedent as stated at para 3 of the bail petition. The petitioners are in custody since 05.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Sonepur P.S. Case No. 01 of 2022 with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T