Ganesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44704 of 2024 Arising Out of PS. Case No.-221 Year-2016 Thana- RIVILGANJ District- Saran ====================================================== Ganesh Rai Son Of Paramhansh Rai Village- Brahampur, P.S.- Bhagwan Bazar, Distt.- Saran At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narendra Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Rivilganj P.S. Case No. 221 of 2016, registered under Sections 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the accused persons came at the place of occurrence, in the meantime, one of the co-accused Umesh fired on the informant. It is further alleged that the accused persons snatched Rs. 20,000/- from the pocket of the informant and from Shivji Yadav.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.44704 of 2024(2) dt.12-07-2024 2/2 the petitioner was the member of mob and the petitioner was only physically present at the place of occurrence. There is no specific allegation levelled against the petitioner, rather the allegation is general and omnibus in nature. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 18728 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rivilganj P.S. Case No. 221 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T