Randhir Rai @ Randeer Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46211 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Randhir Rai @ Randeer Rai Son Of Bab Ulal Rai Resident Of VillageRaghunathpur, Ps- S. Kamal, Dist- Begusarai 2.

Rohit Rai Son Of Late Mushari Rai Resident Of Village- Raghunathpur, PsS. Kamal, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 120(B), 147, 148, 149, 379, 427, 337, 420, 467, 468 and 471 of the Indian Penal Code.

As per prosecution case, in the background of some land disputes, co-accused persons along with this petitioners indiscriminately fired upon the informant and his family members but they were somehow saved. However, the petitioners and other co-accused persons damaged a tractor and took away two bullets motorcycles, two cycles, three cows, four

Patna High Court CR. MISC. No.46211 of 2023(2) dt.04-08-2023 2/3 goats and one motor pump and also snatched gold chain from the brother of the informant. It is also alleged that they took away Rs. 25,000/- from the elder brother of the informant. The document regarding receipt of possession of the land is stated to be false and fabricated.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. It is further submitted that no any specific overt act has been attributed against the petitioners rather general and omnibus allegations have been levelled against all of them. The allegation of damaging the tractor or taking away motorcycles and other materials is false and concocted. Moreover, the petitioners are languishing in judicial custody for more than 3 months. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order 23.05.2023. in Cr. Misc. No. 23817 of 2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the

Patna High Court CR. MISC. No.46211 of 2023(2) dt.04-08-2023 3/3 petitioners on bail. The above named petitioners are directed to be released on bail in connection with S. Kamal P.S. Case No. 320 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T