Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5296 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

RAUSHAN KUMAR Son of Ram Lalit Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran.

2.

Deena Nath Rai Son of Ram Lalit Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran.

3.

Shambhu Rai Son of Late Badri Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran.

4.

Shailesh Kumar @ Sailesh Kumar Rai @ Shailesh Rai Son of Late Rajendra Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran. 5.

Gulabi Rai @ Indrajit Rai Son of Late Satya Narayan Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran. 6.

Sachin Kumar Son of Deena Nath Rai Resident of Village- Apsaid, P.S.- Sonepur, Dist.- Saran.

7.

Indal Rai Son of Sipahi Rai Resident of Village- Saidpur, P.S.- Sonepur, Dist.- Saran.

8.

Pappu Kumar Rai @ Pappu Kumar Son of Ambika Rai Resident of VillageParmanandpur, P.S.- Sonepur, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.5296 of 2021(2) dt.12-08-2021 2/3 connection with Sonepur P.S. case No.309 of 2020 registered under Sections 147, 148, 149, 447, 307, 427, 379 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the petitioners being armed with lathi, danda attacked on the informant and petitioner Nos.1 and 7 having country made pistol and rifle in their hand chased the informant and fired from their respective arms. It has been submitted on behalf of the petitioners that the petitioner Nos.1 to 6 and 8 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is admitted land dispute between the parties. From the order of the Sessions court, it appears that there is no injury report on record to support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Saran at Chapra in

Patna High Court CR. MISC. No.5296 of 2021(2) dt.12-08-2021 3/3 connection with Sonepur P.S. case No.309 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T