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Patna High CourtCR. MISC./32122/2023bail granted

Kavi Ranjan Rai @ Parveen Chandra Rai v. The State Of Bihar

2023-06-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32122 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Kavi Ranjan Rai @ Parveen Chandra Rai s/o Navdeep Chandra Rai @ Manu Shankar Navdeep Chandra Rai Resident of village- Raghunathpur, P.S. S. Kamal, District- Begusarai 2.

Pinku Rai @ Parnav Kumar Rai @ Parnav Kumar s/o Navdeep Chandra Rai @ Manu Shankar Navdeep Chandra Rai Resident of Village- Gaytari Nagar, Purabasarai P.S. Katbali, District Munger 3.

Lalo Rai @ Dinkar Rai @ Dinkar Kumar s/o Kavi Ranjan Rai @ Parveen Chandra Rai Resident of Village- Raghunathpur, P.S. S. Kamal, DistrictBegusarai 4.

Botal Rai @ Niranjan Rai @ Niranjan Kumar Rai s/o Late Rishidev Rai Resident of Village- Raghunathpur, P.S. S. Kamal, District- Begusarai 5.

Raja Ram Rai s/o Late Kapo Rai Resident of Village- Raghunathpur, P.S. S. Kamal, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Sahebpur Kamal P.S. Case No. 321 of 2022 registered for the offence under Sections 147, 148, 149, 120-B, 323, 307 and 324 of the Indian Penal Code and 27 of Arms Act.

Patna High Court CR. MISC. No. 32122 of 2023(2) dt.22-06-2023 2/3 The accused/petitioners are named in the F.I.R. and are in custody since 05.01.2023.

The allegation against this petitioners is to open fire causing firearm injuries to informant and others alongwith other co-accused persons/family members, where occurrence is arisen out of land dispute.

Learned counsel appearing on behalf of the petitioners submitted that the allegation of firing is specific against coaccused, namely, Bambam Rai, who has already been granted bail by learned co-ordinate Bench of this Court through Cr. Misc. No. 28092 of 2023 vide order dated 24.05.2023. It is submitted that allegation of firing is appearing very much general and omnibus against these petitioners. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposed the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation against these petitioners is very much general and omnibus, where specific allegation of firing is against co-accused Bambam Rai, coupled with the fact that

Patna High Court CR. MISC. No. 32122 of 2023(2) dt.22-06-2023 3/3 charge-sheet has already submitted, where petitioners are in custody since 05.01.2023, accordingly all petitioners, above named, are directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 321 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T