Chhotan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44356 of 2016 Arising Out of PS.Case No. -103 Year- 2013 Thana -RAGHOPUR District- VAISHALI (HAJIPUR) ====================================================== Chhotan Rai Son of Late Parmeshwar Rai, resident of Village- Madaha, Police Station- Raghopur (Rustampur O.P.) in the District of Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 103 of 2013 registered under Sections 147, 148, 149, 323, 448, 380 and 307 of the Indian Penal Code and 27 of the Arms Act.
The accusation is that 5 persons, including the petitioner came at the door of the informant armed with countrymade pistol and made 30 rounds firing indiscriminately upon the husband of the informant, due to fear, he fled away from there. At that time, they snatched cash Rs. 50,000/- and took some ornaments.
Learned counsel appearing on behalf of the
Patna High Court Cr.Misc. No.44356 of 2016 (2) dt.24-10-2016 2/2 petitioner submits that petitioner and informant are co-villager and due to land dispute, the present case has been lodged with false allegation against the petitioner. While the allegation has been made about 30 round of firing indiscriminately but no one sustained injury. Further submission is that Co-accused Manoj Rai and Kailash Rai have already been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No. 33480 of 2016 on 20.08.2016.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 103 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T