Rabindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47299 of 2024 Arising Out of PS. Case No.-255 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== 1.
Rabindra Rai son of Asharfi Rai Village- Mallikpur Ps- Raghopur DistVaishali 2.
Dharmendra Rai @ Dharmendra Kumar son of Asharfi Rai VillageMallikpur Ps- Raghopur Dist- Vaishali 3.
Nazir Rai @ najir Rai son of Yogendra Rai Village- Mallikpur Ps- Raghopur Dist- Vaishali 4.
Anil Rai @ Anil Kumar Yadav @ Anil Kumar son of Yogendra Rai VillageMallikpur Ps- Raghopur Dist- Vaishali 5.
Lala Rai @ Lalan Rai son of Mahendra Rai Village- Mallikpur Ps- Raghopur Dist- Vaishali 6.
Nawal Rai son of Mahendra Rai Village- Mallikpur Ps- Raghopur DistVaishali 7.
Amar Rai @ Amar Kumar son of Krishna Rai Village- Mallikpur PsRaghopur Dist- Vaishali 8.
Krishndeo Rai @ Kishan Deo Rai son of Nawalakh Rai Village- Mallikpur Ps- Raghopur Dist- Vaishali 9.
Panjabi Rai son of Prabhu Rai Village- Mallikpur Ps- Raghopur DistVaishali 10.
Rajdeo Rai son of Kuldeep Rai Village- Mallikpur Ps- Raghopur DistVaishali 11.
Raju Rai son of Panjabi Rai Village- Mallikpur Ps- Raghopur Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148,
Patna High Court CR. MISC. No.47299 of 2024(2) dt.22-08-2024 2/3 149, 344, 323, 307, 379, 504, 506 of the Indian Penal Code & Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that one Siyajee Rai and his co-villager always throw waste water in front of his house, and when he objects, they abused. Further, at about 1.00 P.M. all the named accused persons came at the house of the informant and on order of Siyajee Rai, Dilip Rai shot the informant on his left foot while Manoj Rai snatched the golden locket from his neck and thereafter all the accused assaulted his father.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the specific allegation of firing is against Dilip Rai. It is next submitted that petitioners being the co-villagers have been implicated as they sided with Siyajee Rai and Dilip Rai. It is further submitted that no allegation under the Arms Act is made out, in the nature of allegation, as alleged in the F.I.R. It is also submitted that petitioners will not abscond rather will co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.47299 of 2024(2) dt.22-08-2024 3/3 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Raghopur P.S. Case No.255/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T