Rajeev Kumar @ Rajeev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29216 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

RAJEEV KUMAR @ RAJEEV Son of Nageshwar Rai @ Rahul Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, DistrictPatna. 2.

Kallu Rai Son of Nageshwar Rai @ Rahul Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, District- Patna. 3.

Mithilesh Yadav Son of Sogarath Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, District- Patna.

4.

Rakesh Kumar Son of Sogarath Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, District- Patna.

5.

Pachara Rai @ Mukesh Son of Sogarath Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, District- Patna. 6.

Don @ Manish Kumar @ Manish Son of Jatta Rai Resident of MohallaRanipur Adda Marcha, P.S.- Mehadiganj, District- Patna. 7.

Kallu Rai Son of Dhurendra Rai Resident of Mohalla- Ranipur Adda Marcha, P.S.- Mehadiganj, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners apprehend their arrest in Mehandiganj P.S. Case No. 57 of 2020 Special Case No. 2668 of 2020, registered for the offence punishable under Sections 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act and section 45 of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.29216 of 2020(3) dt.20-01-2021 2/2 On secret information, raid was conducted and one Malkan Kumar was arrested and on search 30 litres of foreign liquor has been recovered from the house of co-accused Girja Roy. It is further alleged that thereafter these petitioners along with other accused persons attacked on the police party and tried to snatch the rifle.

It is submitted that there is general and omnibus allegation. Nothing has been recovered from conscious possession of these petitioners. There is no allegation of tampering with the evidence against this petitioner. Allegation of firing is against co-accused Dhannu @ Babloo. Petitioners have got clean antecedent, as stated in para 3 of the petition. Considering the facts aforesaid, the petitioners abovenamed in the event of their arrest/surrender before the court below within a period of eight 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 Special Judge, Excise Act, Patna in connection with Mehdiganj P.S. Case No. 57 of 2020 Special Case No. 2668 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T