Sheshanand Rai @ Sadhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45303 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Sheshanand Rai @ Sadhu Rai Son of Shivji Rai resident of village - Chandpura, Police Station - Raghopur, District - Vaishali .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner is that he accompanied with other twelve named accused persons fired indiscriminately at the informant's side to plough the disputed land. In course of firing one Mukesh Rai received bullet injury from the rifle of accused Md. Tahir and others also sustained injuries. It is submitted on behalf of the petitioner that he has been falsely implicated in the present case. No specific injury has been attributed against the petitioner. Omnibus allegation has been made against the accused persons including the petitioner. From perusal of the case diary it would appear that there is no injury report to support the allegation made in the F.I.R. On behalf of the State, it is submitted that petitioner is named in the F.I.R. and has actively participated in the alleged crime.
Considering the aforesaid facts and circumstances, I am
Patna High Court Cr.Misc. No.45303 of 2015 (3) dt.27-01-2016 2 / 2 not inclined to grant anticipatory bail to the petitioner, same is rejected.
Any how, petitioner is directed to surrender in the court below, i.e., Chief Judicial Magistrate, Vaishali at Hazipur, in connection with Raghopur P. S. Case no. 72 of 2015 within a period of four weeks from the date of receipt of a copy of this order and pray for regular bail which shall be considered and disposed of on its own merit without being prejudiced by this order.
(Sudhir Singh, J) sudip/- U T