Patna High CourtCR. MISC./39969/2023bail granted

Sambhu Rai @ Shambhu Ray v. The State Of Bihar

2023-07-28Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39969 of 2023 Arising Out of PS. Case No.-494 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== SAMBHU RAI @ SHAMBHU RAY son of Late Fuldeo Rai @ Fulchandra Ray Village- Sorhatha Ps- Vaishali OP- Belsar, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Adv.

For the State :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard Mr. Dr. Bipin Chandra, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Singh, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Vaishali P.S. Case No. 494 of 2021, dated 11.12.2021, registered under Sections 147, 148, 149, 323, 341, 337, 427, 454, 380, 307, 504, 506, 452 of the Indian Penal Code and 27 of the Arms Act.

3. The allegation against the petitioner is that he along with 250 other persons assaulted the informant and others and also looted cash and jewellary. When the Police personnel came to pacify the violence, they also received

Patna High Court CR. MISC. No.39969 of 2023(2) dt.28-07-2023 2/3 injury.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and falsely been implicated in the case. General and omnibus allegation has been levelled against the petitioner. One criminal case arising out of the same incident is lodged against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation and the fact that the general and omnibus allegation has been levelled against the petitioner and he has been falsely implicated in the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Vaishali P.S. Case No. 494 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been

Patna High Court CR. MISC. No.39969 of 2023(2) dt.28-07-2023 3/3 stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U T