Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24390 of 2017 Arising Out of PS.Case No. -310 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Rai Son of Sharma Rai @ Sami Rai resident of Village - Ahirawaliya, P.S. - Chakia, District - East Champaran. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chakia P.S. Case No. 310 of 2013 registered under Sections 394 and 307 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the petitioner along with other accused persons is said to have looted the motorcycle of the informant by resorting to firing on him by means of pistol. It is submitted by learned counsel for the petitioner that the there is inordinate delay of one month in filing F.I.R. The petitioner is not named in the F.I.R., but his name has been mentioned in further statement by the informant after 48 days of the alleged occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court Cr.Misc. No.24390 of 2017 (2) dt.22-05-2017 2/2 Co-accused, namely, Chandan Kumar has not been sent up for trial. The looted motorcycle was not recovered from the possession of the petitioner. The petitioner is languishing in custody since 22.12.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakia P.S. Case No. 310 of 2013.

(Prakash Chandra Jaiswal, J) Mishra/- U T