Satish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47855 of 2021 Arising Out of PS. Case No.-276 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SATISH RAI S/o SHRI ANGAD RAY, R/o VILLAGE-RAYPUR, P.SRUNNISAIDPUR, DISTRICT- SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. Jharkhandi Upadhyay, the learned APP for the State. The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No. 276 of 2021 registered for offence punishable under sections 436, 506/34 of the Indian Penal Code.

As per allegation, the petitioner and Rahul Kumar, son of the informant demanded Rs.1,00,000/- cash from the informant for purchase of fire arm. On denial, they committed arson, whereby the room where straw was stored, was burnt. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.47855 of 2021(3) dt.05-07-2022 2/3 that co-accused Rahul Kumar is the son of the informant and the present petitioner is the own nephew of the informant. Rahul Kumar and Satish are friends. There is land dispute between the informant and father of Satish. He has submitted further that the informant was prohibiting his son Rahul Kumar to leave the company of Satish, the petitioner, but he was not ready. It was the reason that false case has been lodged. He has submitted further that co-accused Rahul Kumar was granted regular bail by the court below on the basis of compromise with the informant.

The petitioner has criminal antecedent of one case and it has also been mentioned in the FIR that he is a person of criminal antecedent.

Considering the above-mentioned facts and circumstances, it is not a fit case for anticipatory bail and accordingly the prayer for anticipatory bail is rejected. The petitioner is directed to surrender before the court below and make a prayer for regular bail. The learned court below shall disposed of his regular bail petition, if so advised, without being prejudiced by this order. While disposing of the regular bail petition, the learned court below may consider the fact that co-accused has been granted bail by the learned Chief

Patna High Court CR. MISC. No.47855 of 2021(3) dt.05-07-2022 3/3 Judicial Magistrate.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/Aditi U T