Sudhir Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62955 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== SUDHIR RAJVANSHI Son of Parmeshwar Prasad @ Parmeshwar Rajvanshi Resident of Village - Markswadi Nagar, P.S.- Rajgir, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioner apprehends his arrest in connection with Ragir P.S. Case no. 197 of 2020 registered under sections 302, 201 and other allied section of the Indian Penal Code as well as section 27 of the Arms Act.

The main submission advanced by learned counsel for the petitioner is that in the F.I.R, the informant raised only suspicion against the petitioner and petitioner was not alleged to have threatened the deceased while said allegation was made by the informant in respect of other co-accused persons. After completion of investigation, police submitted final form stating the allegation made in the FIR to be false and thereafter, learned Magistrate took cognizance differing with the said report.

Patna High Court CR. MISC. No.62955 of 2021(2) dt.14-06-2022 2/2 Further submission is that FIR was lodged after 05 days of the occurrence regarding which no explanation was given and all accused persons have been granted regular bail. Learned APP opposes the prayer for anticipatory bail. Heard both sides, perused the FIR. In the present case, investigation has been completed and the case is at the initial stage of trial in respect of other accused persons and against the petitioner court below took cognizance on the police report in which petitioner was not sent up, as submitted. As per para 3 of the petition, petitioner has got no criminal antecedent and other co-accused persons are on bail as per above submission.

Considering these facts and clean antecedent of the petitioner, let the above named petitioner, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsarif, Nalanda in connection with Ragir P.S. Case no. 197 of 2020 subject to condition as laid down under section 438(2) Cr.P.C.

(Shailendra Singh, J) s.hassan/- U T