Patna High CourtCR. MISC./39758/2023bail granted

Chandan Rai @ Chandan Kumar v. The State Of Bihar

2023-07-28Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39758 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Chandan Rai @ Chandan Kumar S/O Sreedhan Rai 2.

Sanny Rai S/O Nirdhan Rai 3.

Nitish Rai S/O Late Bhola Rai Resident of Village- Paharpur Registry Tola, PS. Jurawanpur, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the parties.

2.The petitioners seek pre-arrest bail in connection with Jurawanpur P.S.Case No.186 of 2022, registered for the offences punishable under Sections 290 of the Indian Penal Code and Section 25(1), 30, 27 and 35 of the Arms Act.

3. FIR has been lodged on the basis of the video clip received on the mobile phone of the Chowkidar of the village.

4. The learned counsel appearing on behalf of the petitioners submits that the authenticity of the video clip has not been clarified, the allegation is not sustainable on the ground that no one has sustained injury and the petitioners were only making celebratory firing. The petitioners have one criminal

Patna High Court CR. MISC. No.39758 of 2023(2) dt.28-07-2023 2/2 antecedent but they are on bail in that case.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the nature of allegation made in the FIR as well as the fact that the authenticity of the video clip has been doubted by the petitioners, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Vaishali at Hajipur in connection with Jurawanpur P.S.Case No.186 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U