Pradeep Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57570 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

PRADEEP RAI S/o Umesh Rai Resident of Village-Jamira, P.S.-Ara Muffasil, District-Bhojpur 2.

DEEPAK RAI S/o Suresh Rai Resident of Village-Jamira, P.S.-Ara Muffasil, District-Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Ara Muffasil P.S. Case No.70/2023 for the offences punishable under Section 307/34 of the Indian Penal Code and Section 25 (1-b) a, 26, 27 and 35 of the Arms Act.

3. The allegation against the petitioners is that they resorted firing by means of pistol upon the informant.

4. The petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioners is general and omnibus in nature. It is further submitted that the petitioners

Patna High Court CR. MISC. No.57570 of 2023(3) dt.14-12-2023 2/2 have been falsely implicated in this case only to save his neck from Ara Town P.S. Case No.339 of 2022 lodged by the petitioners' family. It is further submitted that no independent witness has supported the prosecution case. It is further submitted that the parties have compromised the matter. Petitioner no.1 has two criminal antecedents, whereas petitioner no.2 has one criminal antecedent, as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T