Patna High CourtCR. MISC./53586/2021bail granted

Sunil Rai v. The State Of Bihar

2022-04-06Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53586 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Sunil Rai, age 33 years, Male Son of Srinath Ray, Resident of Village - Mahakampur Bara, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-04-2022 Heard learned counsel for the parties.

The FIR arises out of Ara Muffasil P.S. Case No. 136 of 2020 dated 05.05.2020 instituted under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. The informant is Shiv Shankar Rai. The direct allegation against the petitioner is that he hit the head of the informant by iron rod causing injury to him. The other accused alleged to have resorted indiscriminate firing are Bijendra Rai who shot dead Triloki Shankar Rai while Pappu Rai fired on Hari Shankar Rai. So far as, this petitioner is concerned, an ambiguous allegation has been made against him that he along with Shatrudhan Rai, Kavindra Rai @ Bheri Rai, Ravindra Rai @ Ladifan Rai, Sri Nath Rai, Sunil Rai, Anil Rai and Pintu Rai

Patna High Court CR. MISC. No.53586 of 2021(2) dt.06-04-2022 2/2 resorted to firing.

Learned counsel for the petitioner besides making argument about the omnibus allegation has brought an order passed by a co-ordinate Bench of this Court in Cr. Misc. No. 30735 of 2020 disposed of on 18.12.2020 (Anil Ray vs. The State of Bihar) by which similarly situated person Anil Ray against whom allegation of indiscriminate firing along with Sunil Rai was alleged has since been enlarged on bail. He lastly submits that as the petitioner is in jail since 22.07.2021 (as stated in paragraph no. 12 of the bail application). In the aforesaid facts, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-5 or concern court Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 136 of 2020. With the aforesaid, the bail application is allowed. (Rajiv Roy, J) Anand Kr.

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