Kapildeo Rai @ Kapildev Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54969 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Kapildeo Rai @ Kapildev Ray Son Of Late Jugut Ray @ Jugat Lal Ray Village- Raghunagar Narha Tola Ward No-2, PS- Rajepur Dist- E. Champaran.

2.

Shashi Ranjan Kumar Son Of Kailash Ray Village- Raghunagar Narha Tola Ward No-2, PS- Rajepur Dist- E. Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate :

Ms. Ishika Prasad, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-11-2023 Heard Mr. Jitendra Narain Sinha, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandi, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Rajepur P.S. Case No.48 of 2023 dated 11.03.2023 registered for the offence punishable under Sections 447, 341, 323, 385, 387, 427, 504, and 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR demand of ransom was made by the petitioners and due to non-fulfillment of the same, the petitioners threatened the informant of dire consequences and damaged valuable records of the school, of which Informant is the in-charge headmaster.

Patna High Court CR. MISC. No.54969 of 2023(3) dt.09-11-2023 2/3

4. Ms. Ishika Prasad, learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. A general and omnibus allegation has been made against the petitioners and due to enmity, the present case has been lodged for the reason that the petitioners were aware of the illicit act committed by in-charge headmaster.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that in absence of any absence of cogent reason with respect to Rangdari, however, amount has not been disclosed. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - Ist Class, Motihari, East Champaran in connection with Rajepur P.S. Case No.48 of 2023 dated 11.03.2023, subject to the

Patna High Court CR. MISC. No.54969 of 2023(3) dt.09-11-2023 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T