Shatrudhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28606 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- PATORI District- Samastipur ====================================================== SHATRUDHAN RAI S/o Late Sakdev Rai Resident of Village-Chandpur Dhamaun, P.S.-Sahpur Patori, District-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Mr. Malay Kumar Choudhary, Advocates.
For the Opposite Party/s :
Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Md. Sufiyan, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Patori PS Case No. 51/2020 registered for the offence punishable under Sections 147, 148, 149, 302 of the IPC and 27 of the Arms Act.
3. The allegation, as per First Information Report, is that a fight, between neighbour of the informant, Vijay Rai and others on the one hand, and Rohan Rai @ Shatrudhan Rai and Chandrabhushan Rai and others on the other hand, started due to some land dispute and the members of the second party i.e., the side of the petitioner started pelting stones and resorted to firing on the side of Vijay Rai and others, in which, mother of
Patna High Court CR. MISC. No.28606 of 2020(2) dt.25-11-2020 2/3 informant received gun shot injury in her neck leading to her death.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and from perusal of the first information report, it would be evident that altogether eight persons have been made accused and subsequently, name of the petitioner was added. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner and there is general and omnibus allegation of firing against the named accused persons, along with 4-5 unknown persons. Learned counsel next submits that petitioner is aged about 78 years having no criminal antecedents and is in custody since 28.02.2020.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that there is no specific allegation against the petitioner and petitioner is aged about 78 years, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, SHATRUDHAN RAI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II,
Patna High Court CR. MISC. No.28606 of 2020(2) dt.25-11-2020 3/3 Samastipur in connection with Patori PS Case No. 51/2020.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T