Rambabu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33222 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SONEPUR District- Saran ====================================================== RAMBABU RAI, S/o Late Ram Naresh Ray, Resident of Village- Baburbani, P.S.- Sonepur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar For the Opposite Party/s :
Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 50/2019 registered for the offence punishable under Sections 448/341/323/307/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that as per the F.I.R. itself, the firing alleged to have been made by the petitioner, has not hit anybody and the sole allegation of hitting the informant on the head with the butt of the gun itself indicates that the case under Section 307 would not be made out. It is further submitted that the allegation under Section 379 is purely ornamental in nature and has been made only to add gravity to the charge.
Patna High Court CR. MISC. No.33222 of 2019(2) dt.20-05-2019 2/2 In view of the aforementioned facts and circumstances and also the fact that the petitioner is having a clean antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Saran at Chapra, in connection with Sonepur P.S. Case No. 50/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Anjana Mishra, J) Saif/- U T