Ajay Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28682 of 2023 Arising Out of PS. Case No.-955 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
Ajay Kumar Rai Son of Late Dwarika Rai R/o Village - Balbakuari, P.S.- Hajipur Sadar, District - Vaishali 2.
Chintu Yadav Son of Ajay Kumar Rai R/O Village - Balbakuari, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kanchan Kumari For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 436, 427 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, petitioners are alleged to have committed loot-pat, cut trees of banana from front side and also broke the lock of the shutter of the shop. On protest by the informant, co-accused Bittu Kumar made firing and on the order of petitioner no. 1, petitioner no. 2 sprinkled petrol on the shop and co-accused Rustam Kumar lit fire due to which shop
Patna High Court CR. MISC. No.28682 of 2023(3) dt.11-08-2023 2/2 of Babulal Patel and the clothes etc. kept therein were burnt to ashes.
4. It is submitted that present case is counter blast of Hajipur Sadar PS Case No. 973 of 2022 which has been lodged against informant and others. Specific allegation of setting on fire the shop of informant is against co-accused Rustam Kumar. Moreover, none has sustained injuries.
5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur at Vaishali in connection with Hajipur Sadar P.S. Case No. 955 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T