Lakhindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40232 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Lakhindra Rai son of Surendra Rai, resident of Village - Litiyahi, P.S. - Rustampur, District - Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered under Sections 448, 307, 386, 379 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that the accused persons including the petitioner and three unknown persons came at the door of the informant and demandedRs.5 lacs and on the order of co-accused Surendra Rai, co-accused Jitendra Rai opened fire upon the informant causing injury on his chest and arm, on account of which the informant sustained fire arm injury and they took away Rs.52,000/- after breaking box.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.40232 of 2016 (3) dt.22-11-2016 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Prior to institution of the present case the petitioner had filed a complaint case against the informant vide Annexure-2 to the present application. The main allegation is against co-accused Jitendra Rai. No specific injury has been attributed against the petitioner. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. case No.104 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.