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Patna High CourtCR. MISC./48769/2022allowed

Nripendra Rai @ Nripendra Singh v. The State Of Bihar

2022-12-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48769 of 2022 Arising Out of PS. Case No.-616 Year-2021 Thana- BIHTA District- Patna ====================================================== Nripendra Rai @ Nripendra Singh Son Of Nirmal Rai R/O- Nilkanth Tola, Gauriya Asthan, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 504, 506, 307, 302 and section 27 of Arms Act.

The prosecution case as per F.I.R. is that all the F.I.R named accused persons including 10-15 unknown persons were extracting sand from the informant's land and when the informant made protest, it is alleged that co-accused Satrudhan Rai shot fire at the son of the informant, namely, Munna Kumar upon his chest, as a

Patna High Court CR. MISC. No.48769 of 2022(2) dt.15-12-2022 2/3 result, he succumbed to injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation levelled against the petitioner and the specific allegation of making shot fire at the deceased is against co-accused Satrudhan Rai, who is not petitioner before this Court. It is further submitted that similarly situated co-accused has been granted bail by this Court, passed in Cr. Misc No. 7661 of 2022 vide order dated 28.09.2022. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- I -cum-Sub-Judge-I, Danapur (Patna) in

Patna High Court CR. MISC. No.48769 of 2022(2) dt.15-12-2022 3/3 connection with Bihta P.S. Case No. 616 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U