Harimohan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26447 of 2025 Arising Out of PS. Case No.-103 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Harimohan Rai S/O Late Musafir Ray, R/O Vill.- Chhotaka Katahariya, P.S.- Lakhaura, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Chhauradano P.S. Case No. 103 of 2022 in a case registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, informant alleges that on 02.04.2022 at about 10:50 P.M., her son Vicky had gone to give lunch box to her husband namely, Ramesh Prasad Yadav at Matar Chowk and when her husband started taking his meal, five persons on two motorcycles came and started firing indiscriminately, on account of which, her husband received
Patna High Court CR. MISC. No.26447 of 2025(2) dt.27-06-2025 2/3 fire-arm injury and thereafter, he was taken to Rahmaniya Hospital, where the doctor declared him dead. It is next alleged that on account of political rivalry and land dispute, the FIR named accused persons including the petitioner in criminal conspiracy with each other through hired shooters got the occurrence committed.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and name of petitioner surfaced during course of investigation on the basis of hearsay witnesses. Informant is not an eyewitness to the alleged occurrence and the entire allegation hinges around suspicion. One FIR named co-accused person namely, Kanchan Ram @ Kanchan Kumar Ram has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 18229 of 2024. Petitioner is in custody since 21.12.2024.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.26447 of 2025(2) dt.27-06-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Raxaul at Motihari, East Champaran, in connection with Chhauradano P.S. Case No. 103 of 2022.
(Prabhat Kumar Singh, J) Shahnawaz/- U T