Deepak Rai @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29733 of 2020 Arising Out of PS. Case No.-590 Year-2019 Thana- MANER District- Patna ====================================================== DEEPAK RAI @ DEEPAK KUMAR Son of Late Raj Nandan Singh @ Raj Nandan Rai @ Raj Nandan Ray Resident of Village - Khaspur, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 307, 302, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons including the

Patna High Court CR. MISC. No.29733 of 2020(2) dt.11-12-2020 2/3 petitioner variously armed with came at the plot of the informant with intent to kill him and his family members. Accused Himanshu Rai fired upon Ranjan Kumar, accused Shyamakant Rai fired upon Harendra Rai, accused Jai Prakash Rai fired upon Upendra Narayan Rai and accused Ravindra Rai fired upon Raj Kumar, on account of which they sustained fire arm injury and injured Ranjan Kumar and Harendra Rai died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Altogether 50-60 persons are alleged to have participated in the alleged occurrence. 25 persons are named in the F.I.R.

including the petitioner. The specific allegation of assault is alleged against the co-accused Himanshu Rai, who is said to have fired upon deceased Ranjan Kumar. Co-accused Shyamakant Rai is alleged to have fired upon the deceased Harendra Rai. Co-accused Jai Prakash Rai fired upon Upendra Narayan Rai, who is said to have been injured and co-accused Ravindra Rai is said to have fired upon Raj Kumar, who is also said to have been injured.

Patna High Court CR. MISC. No.29733 of 2020(2) dt.11-12-2020 3/3 against him. At best, the petitioner is a member of unlawful assembly.

On behalf of the State, 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 twelve 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 Sushree Nutan Kumari, J.M. 1st class, Danapur, Patna in connection with Maner P.S. case No.590 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T