Chandan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12298 of 2018 Arising Out of PS.Case No. -162 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandan Rai S/o Kameshwar Rai, R/o Village- Amwa, P.S.- Mehsi, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case got initiated with the written report of Md. Islam dated 21.09.2015 submitted to the Station House Officer of Mehsi P.S. is to the effect that on 20.09.2015 Kamleshwar Rai, Rajkumari Devi and Mintu Kumari came, abused and threatened to get killed through their son. On
Patna High Court Cr.Misc. No.12298 of 2018 (2) dt.28-02-2018 the same day at 9.00 P.M. four persons namely, Kameshwar Rai, Basant Rai, Pankaj Rai and Chandan Rai, the petitioner came on motorcycle and resorted to fire at the informant. He did not receive any injury. However, the ox of the informant received gun shot injury and due to the sound of firing the mother of the informant died.
It is submitted by learned counsel for the petitioner that as per own admission of the informant no injury has been caused to anyone. The accusation of firing is not specific against anyone. It is further submitted that the petitioner is accused in other case under Excise Act, but he is on bail in that case but with regard to grant of bail no statement has been made in paragraph 3 of the petition.
Considering the nature of accusation and the motive of the occurrence as stated in the first information report coupled with the fact that none received any injury, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-6th, Motihari, East Champaran in connection
Patna High Court Cr.Misc. No.12298 of 2018 (2) dt.28-02-2018 with Mehsi P.S. Case No. 162 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T