Rajesh Kumar @ Raja Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22391 of 2020 Arising Out of PS. Case No.-388 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== RAJESH KUMAR @ RAJA KUMAR RAI, Son of Ratan Ray Resident of Mohalla-Chhota Brahmpur Sat Gharwa, Police Station-Bhagwan Bazar, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha For the Opposite Party/s :

Mr. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2020 Heard Mr. Ankur Prakash Sinha, learned counsel for the petitioner and Mr. Shakir Ahmad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagwan Bazar P. S. Case No. 388 of 2019 dated 16.08.2019, instituted for the offences under Sections 341, 323, 325, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The specific allegation of firing at the informant is attributed to one Umesh Rai @ Langar Rai. The

Patna High Court CR. MISC. No.22391 of 2020(3) dt.24-11-2020 2/3 petitioner however is alleged to have fired on the retreating crowd. Admittedly, nobody appears to have been hit by the firing resorted to by the petitioner. It has been submitted on behalf of the petitioner that because of a prior occurrence for which a case was lodged by the father of the petitioner against the relatives of the informant, the petitioner has been made accused in this case.

Considering the afore-stated facts and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Bhagwan Bazar P. S. Case No. 388 of 2019, subject to the conditions as laid down

Patna High Court CR. MISC. No.22391 of 2020(3) dt.24-11-2020 3/3 under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T