Raja Rai @ Raja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35426 of 2018 Arising Out of PS. Case No.-1100 Year-2017 Thana- AHIAPUR District- Muzaffarpur ====================================================== Raja Rai @ Raja Yadav Son of Ashok Yadav@ Ashok Kumar Rai Resident of Village- Sekhpur, Ganeshpur, P.S. Ahiyapur, District Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Verma For the Opposite Party/s :
Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No. 1100 of 2017 dated 21.12. 2017 instituted for the offences under Sections 147, 148, 149, 332, 333, 353, 307 and 186 of the Indian Penal Code and Section 27 of the Arms Act.
In the internecine dispute between two groups of gangsters, when the police had come to pacify the crowd, loot arson and vandalism was resorted to by the accused persons. In that connection, the petitioner has been made accused in the present case.
Patna High Court Cr.Misc. No.35426 of 2018(4) dt.19-07-2018 2/3 Learned counsel appearing on behalf of petitioner, on the other hand, has submitted that on 21.12.2017, a political party in the State of Bihar had given a call for Bihar Bund. A clash took place between the supporters of the Bund and persons who were opposing the aforesaid call. Some of the miscreants tried to enter the house of the petitioner which was objected by him. This led to confusion in front of his house. The petitioner has not been alleged to have done anything specific for the charges brought against him. The petitioner is also not supporter of any group or member of any political party. His implication in the present case is only on the basis of some strange information having been provided to the informant of this case.
Regard being had to the nature of accusation, circumstances in which the case was lodged and practically no allegation of overt act against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No.
Patna High Court Cr.Misc. No.35426 of 2018(4) dt.19-07-2018 3/3 as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U T