Bharat Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39984 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== 1.
Bharat Rai S/o - Vimal Rai Village - Jafrabad PS - Raghopur (Rustampur OP) Dist. - Vaishali 2.
Jeetu Rai @ Ajeet Rai @ Jeet Rai son of Ram Eswar Rai @ Ramishwar Ray R/O Village - Jafrabad PS - Raghopur (Rustampur OP) Dist. - Vaishali 3.
Milaw Gope @ Milu Rai son of Nagina Rai R/O Village- Jafrabad PSRaghopur (Rustampur OP) Dist. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioners no. 1 and 3 are persons with clean antecedent and petitioner no. 2 has antecedent of two cases and have been falsely implicated in the instant case by the informant with an allegation that during Saradh ceremony of the mother of one Mahesh Sah, the accused persons including the petitioners entered the premises variously armed and started firing. It is further submitted that no
Patna High Court CR. MISC. No.39984 of 2024(3) dt.01-07-2024 2/2 doubt allegation is of firing but then no one was injured. It is next submitted that that wife of petitioner no. 2 is a member of the Zila Parishad with whom the informant and Mahesh Sah are on an inimical term. It is next submitted that the allegation as alleged in the FIR does not inspire confidence for the reason that though there is allegation of firing but then no one was injured nor any cartridge was recovered from the place of occurrence.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur (Rustampur O.P.) P.S. Case No. 207 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T