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Patna High CourtCR. MISC./60307/2021allowed

Sunil Rai v. The State Of Bihar

2022-08-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60307 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

SUNIL RAI Son of Uma Shankar Rai Resident of Village - Shiv Nagar, P.S. Jurawanpur, District - Vaishali.

2.

Doman Rai Son of Ganor Rai Resident of Village - Vishram Tola, P.S. Jurawanpur, District - 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.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Jurawanpur P.S. Case no. 146 of 2020 instituted for the offence under Sections 436, 427, 506, 341, 504 and 307 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with other miscreants came at the door of informant and started to abuse and firing. They also put their shop on fire as a result of which entire goods and cash of Rs. Eight lac burnt to ashes and threatened the entire family of the informant. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.60307 of 2021(4) dt.03-08-2022 2/2 no offence. There is no evidence available on record to show the burning incident. In fact I.O. who has visited the place of occurrence, has not supported the incident of burning. No incriminating material or fire arms h ave been recovered from the house or possession of the petitioners.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Jurawanpur P.S. Case no. 146 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IX Hajipur, Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U