Bhushan Rai @ Shashi Bhushan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18670 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -DIDARGANJ District- PATNA =====================================

1. Bhushan Rai @ Shashi Bhushan, son of Sipahi Lal Rai.

2. Satish Kumar, son of Sipahi Lal Rai.

Both are residents of village- Alampur (Kachchi Dargah, Police Station- Didarganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Amitesh Kumar (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Didarganj P.S. Case No.253 of 2015, disclosing offences under Sections 323, 341 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the case of the prosecution, the informant and his associates had kept one Nepali @ Raushan in captivity in Panchayat Bhawan, as he had

Patna High Court Cr.Misc. No.18670 of 2016 (3) dt.17-05-2016 2/3 opened fire. It is alleged that the petitioners and other accused persons came in the rescue of said Nepali @ Raushan and they opened fire, causing injuries on the person of one Budha @ Ajeet Kumar.

Learned counsel, appearing on behalf of the petitioners, appears to be right in his submission that the allegations, made in the First Information Report, are vague in nature and there is no specific allegation against these petitioners.

Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on 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 Sri Anant Kumar, learned Judicial Magistrate, Patna City, Patna, in connection with Didarganj P.S. Case No.253 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to

Patna High Court Cr.Misc. No.18670 of 2016 (3) dt.17-05-2016 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T