Mukul Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8207 of 2015 Arising Out of PS.Case No. -308 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Mukul Rai son of Sri Yogendra Rai, Resident of Rannuchak, P.S. Nathnagar, District- Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Praveen Kumar For the Opposite Party : Mr. Sanjay Kumar Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 307, 323, 341, 448, 504 of the I.P.C and Section 27 of the Arms Act.
It is alleged that accused persons entered into the house of the informant, abused and assaulted when on the order of co-accused Yogendra Rai this petitioner fired on the informant but no injury was caused. Thereafter co-accused Babli and Yogendra Rai caused injuries with Dabiya to the informant and his father.
It is submitted by learned counsel for the petitioner that First Information Report was lodged on 09.11.2014 but it reached to the In-charge, A.C.J.M on
Patna High Court Cr.Misc. No.8207 of 2015 (2) dt.26-02-2015 2/2 18.11.2014 which reflects that First Information Report has been registered by antedating. .
Considering the fact that actually no fire arm injury was caused to the informant and the F.I.R reaching before the Court below with inordinate delay which clouds the bona fide of the accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 308 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T